What is an equitable servitude?

An equitable servitude is a legal concept in property law, specifically in Alaska, that refers to an obligation between two parties that exists even though there may not have been a written agreement between them. This legal concept commonly involves two properties, wherein one of the properties has something imposed upon it (such as an obligation or a restriction) by the other property owner. In other words, an equitable servitude is the legal recognition of an agreement between two pieces of property that binds the property owners. For example, a property owner may agree to not build a structure that would block the view of her neighbor’s property. In this situation, the neighbor’s property would have an equitable servitude attached to it, essentially preventing the property owner from building the structure. If the neighbor does build the structure, the property owner could take legal action against her for violating the equitable servitude. An equitable servitude is an important legal concept in Alaska, as it allows property owners to make agreements that are legally binding, even if they are not spelled out in any formal agreement. In fact, courts in Alaska have held that an equitable servitude is binding even if it is not written down and that the party who is violating the servitude must be held accountable. This legal concept can be a powerful tool for property owners in Alaska, and is thereby important to understand.

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