Also known as: 2.9
Written by attorneys · grounded in primary & secondary sources — see below
An exception to the Statute of Frauds for servitudes. The exception applies when the beneficiary of the intended servitude has justifiably relied on its existence and changed position so that injustice can be avoided only by giving effect to the servitude.
Rachel Ramirez orally agreed to let Raven Logistics run trucks across her land to reach a loading dock. Raven spent heavily to install permanent docks aligned only with that route. When Rachel later blocked the path, the court enforced the servitude because Raven's reliance made enforcement necessary to avoid injustice.
Rebecca Ross orally promised Redline Automotive access across her parcel for customer parking. Redline built its lot relying on the promise but never obtained a signed writing. The court refused to enforce the servitude because no exception to the Statute of Frauds was satisfied.
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The exception applies when the beneficiary justifiably relies on the servitude and changes position so that injustice can be avoided only by enforcement. Mere oral promises or minor expenditures do not suffice.
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No. The improvements must be made in justifiable reliance on the servitude's existence, and enforcement must be the only way to avoid injustice. The parties' own statements that no servitude exists until a writing is signed can prevent the exception from applying.
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Section 2.1 requires compliance with the Statute of Frauds or an exception such as Rule 2.9 for a servitude to be created by contract or conveyance. Without the exception, an unwritten agreement creates no enforceable burden.
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