An
equitable servitude is a term used in the
law of
real property to describe a
nonpossessory interest in land that operates much like a
covenant running with the land. However, covenants and equitable servitudes should not be confused. One may tell the difference based on the remedy plaintiff seeks. Holders of a
covenant seek
money damages, but holders of
equitable servitudes seek
injunctions. In
England, when a party is forbidden from certain use, the covenant is called equitable servitude. In the
United States, both negative and affirmative equitable servitudes are recognized. It is a covenant that
equity will enforce against the successors of the burdened land who have notice of the covenant.