What is an equitable servitude?
Correct Answer
B) A land-use promise enforceable in equity against successors who take with the required notice
An equitable servitude is a promise concerning land use that equity may enforce against later owners who take with the necessary notice. The concept focuses on enforcing the use restriction itself, typically through equitable remedies such as injunctions, rather than treating it as a tax lien, permit, or short-term lease term.
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Previous Question
Mrs. Alvarez has a mobility impairment and lives in a condominium with unassigned first-come parking. Her doctor documents that walking long distances from the far end of the lot is difficult. She asks the association to reserve one nearby space for her unit as an exception to the general parking rule. What should the association evaluate first?
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The roof over a subdivision clubhouse fails unexpectedly, and the association levies a special assessment authorized by the recorded declaration. Ben refuses to pay because he never uses the clubhouse. Which outcome is most likely?