What is an equitable servitude?

An equitable servitude is a type of property law that is commonly used in California. It’s a legal tool that defines the rights and obligations of a particular property owner and their neighbors. This type of law specifically outlines what rights each party has to use the land around them. An equitable servitude dictates that a neighbor has the right to use a piece of land in a certain way, even if the land is not theirs. This law is often used to prevent a neighbor from using their property in a way that would diminish the value of the neighboring property. For example, a servitude might prevent a neighbor from blocking a driveway or building in a way that obstructs the view from another home. Equitable servitudes are enforced through the court system and can range in scope from just a few households to an entire community. A court can order a homeowner to comply with the servitude or face legal action if they fail to do so. Equitable servitudes are important to ensure neighbors are coexisting peacefully and fairly, while still protecting the rights of the landowners. This law is designed to create a win-win situation, where neighbors can both get what they want out of their property without infringing on each other’s rights.

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What is an equitable servitude?

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