What is an equitable servitude?

An equitable servitude is a legal concept related to property law in Florida and other states. This type of servitude is an agreement between two parties that places restrictions on the use of land owned by one party in order to benefit the other. The most common type of servitude is a restrictive covenant, which typically limits what a person can do with their property, such as what types of structures can be built and how the land can be used. An equitable servitude is more binding than a restrictive covenant, and once it is created it binds all future owners of the property, not just the original two parties. Additionally, an equitable servitude does not need to be in writing, unlike a restrictive covenant. Therefore, it is harder to enforce because there is no written document that outlines the servitude’s terms and conditions. In Florida, an equitable servitude can be used to prevent certain activities, such as excessive noise, or to protect a scenic view. It is important to note that equitable servitudes can be enforced by the courts if necessary.

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What is an equitable servitude?

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