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5 Cards in this Set
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equitable servitude
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is essentially a real covenant but is enforced in equity. An equitable servitude must be in writing unless it is a negative servitude (one that prohibits a certain behaviour)
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it is different from covenant although they look very much alike
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negative equitable servitude
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A negative equitable servitude is one that may be implied from a common plan or scheme for the development of a residential subdivision, so long as landowners have notice of the agreement
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common plan or scheme
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a common plan or scheme means that the developer intended that all parcels would be bound by, among other things,: (1) a recorded plat; (2) a general plat of restrictions; or (3) oral representation to early buyers. (IFH)
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notice
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to be bound by an implied equitable servitude (or covenant not contained in a deed), a grantee must have had notice that the covenant was contained in the deeds of others. notice can be actual, constructive or inquiry.
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types of notice
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in this context, actual notice means the grantee was directly informed of the existence of the covenant. record notice means that a deed in the grantee's chain of title contained the covenants or promises (even though the grantee's did not). inquiry notice means that the neighbourhood obviously and clearly conforms to the covenant.
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