What is an equitable servitude?

An equitable servitude in Kansas is a legal concept that is used to bind one party to an obligation or covenant that they must fulfill, even if they are in possession of a property. Essentially, an equitable servitude is similar to a restrictive covenant or an easement in that it controls the use of property. Put simply, an equitable servitude is a connection between two properties that gives one party the right to enter or use the other property for a specific purpose or purpose. In order for a court to uphold an equitable servitude, two conditions must be met. First, there must be a "touch and concern" between the properties. This means that there must be a connection between the two properties and the equitable servitude must affect their use in some way. Second, there must be an intention to run with the land, meaning that the equitable servitude must be intended to continue binding the present and future owners of the properties. Equitable servitude can be created either by an express agreement between two parties or through a legal prescription. A legal prescription is a way of creating an equitable servitude that does not require an express agreement between two parties. It is usually created as a result of a long-term pattern of consistent use or enjoyment of a certain property. In Kansas, equitable servitude laws are focused on creating an effective form of protection for both parties involved. They help to ensure that a party is held accountable and also creates a contractual bond between the two parties that helps to protect the rights of both.

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