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Real Covenants vs. Equitable Servitudes
Real Covenants vs. Equitable Servitudes
CMR
Equitable Servitudes Writing is usually required but may arise by implication from common scheme of development of a residential subdivision No privity required
Running of Burden
Horizontal privity (shared interest in land, apart from the covenant, by original covenanting parties; e.g., mortgagor-mortgagee, landlord-tenant) and vertical privity (successor holds entire interest held by covenanting party) required Vertical privity required Damages