What is an equitable servitude?

An equitable servitude is a legal concept primarily used in property law in Washington. It is a promise imposed on a piece of real estate that requires the owner to abide by certain rules of use or behavior. An equitable servitude could be imposed by the owner of the land or by someone with a legal right to do so. Equitable servitudes are used to ensure that property is used for a certain purpose. For example, an equitable servitude might be placed on a piece of land that specifies that it must be used for agricultural purposes. Equitable servitudes are related to restrictive covenants, which are issued by the government or created by individuals and impose restrictions on how land can be used. However, unlike restrictive covenants, equitable servitudes are not legally enforceable. They are considered equitable, meaning that courts have the authority to enforce them if necessary. Equitable servitudes are generally binding and can be used to protect property owners from unfair uses of their land. They can also be used to protect the rights of individuals who live near a piece of land, ensuring that it is used in a way that is beneficial to them.

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