Which elements constitute a valid equitable servitude that a court will enforce through injunctive relief?

Which elements constitute a valid equitable servitude that a court will enforce through injunctive relief?

• A. Writing; Intent to run; Touch and concern; Record
• B. Writing; Intent to run; Touch and concern; Notice
• C. Writing; Delivery; Navigational; Notice
• D. Writing; Intent to run; Touch and concern; Actual possession

Answer: (B)

The main idea tested is what makes an equitable servitude binding on later landowners and enforceable by injunction. For an equitable servitude to run with the land, four elements must be present: writing, intent to run with the land, touch and concern, and notice. Writing satisfies the form requirement and shows there is a covenant. Intent to run with the land shows the parties meant the promise to bind successors, not just the original owners. Touch and concern means the covenant affects the use or value of the land itself, not merely personal obligations. Notice ensures that subsequent purchasers know about the restriction and can be held to it. When these four elements are met, a court will enforce the servitude in equity, typically issuing an injunction to prevent future breaches. The other options stumble because they substitute other concepts (like record alone, delivery, navigational terms, or actual possession) that do not capture the necessary elements for an equitable servitude to bind successors.

The main idea tested is what makes an equitable servitude binding on later landowners and enforceable by injunction. For an equitable servitude to run with the land, four elements must be present: writing, intent to run with the land, touch and concern, and notice. Writing satisfies the form requirement and shows there is a covenant. Intent to run with the land shows the parties meant the promise to bind successors, not just the original owners. Touch and concern means the covenant affects the use or value of the land itself, not merely personal obligations. Notice ensures that subsequent purchasers know about the restriction and can be held to it. When these four elements are met, a court will enforce the servitude in equity, typically issuing an injunction to prevent future breaches. The other options stumble because they substitute other concepts (like record alone, delivery, navigational terms, or actual possession) that do not capture the necessary elements for an equitable servitude to bind successors.