Equitable Servitudes Summary

Topic: Summary of Servitudes ? Easements, Real Covenants, Equitable Servitudes

I. Easement

A. Prescriptive Easement: Property interest acquired through a party?s unauthorized use of another?s real property for a certain period. It is alleged to be closely related to the doctrine of adverse possession; in as much as, both share the central concept that property rights in the land of another can be acquired by conspicuous, long term use. John G. Sprankling, Understanding Property Law, 557 (4th Ed. 2017). Yet, while many elements of prescriptive easements are akin to adverse possession claims, there are significant differences. For example, adverse possession claims have been codified; whereas, prescriptive easement claims have no statutory

The Restatement (Third) of Property ?34.08[C] provides a process of a single set of methods to terminate the unified servitude of easements, real covenants, equitable servitudes. John G. Sprankling, Understanding Property Law, 567 (4th Ed. 2017). If a claimant stops using the easement for a long period of time and other actions that clearly manifest intent to abandon the easement, the easement can be terminated. Id. at 568. Additionally, the servient owner can extinguish an easement by prescription by substantially interfering with the holder?s use of the easement1 Id. at 569. For example, the servient could build a wall blocking the dominant owner?s use of easement and if his blockage continues for a prescriptive period, the easement is terminated.

When purchasing property with restrictive covenants, it is imperative that these restrictions be honored; additionally, if the original purchaser resells the lot, the new buyer is subject to the restrictive covenants because the covenants run with the land. Justin M. Lewis, Restrictive Covenants: What are They and Why Should you Care, (10 October 2012). Although restrictive covenants do place restrictions on your use of free land, there are also benefits. For example, architectural guidelines, ensure not only a certain level of uniformity and standard of design, but also the consistent use of property within the community. Id. In a community with restrictive covenants, but no home owner?s association, it is up to the individual owners to enforce these restrictions against other property owners.