Real Covenants & Equitable Servitudes
Real Property · Lesson 09
Real Covenants & Equitable Servitudes
這一課問的是：契約上的限制（「不得作商業用途」）是否「跟著土地走」，拘束後手？
Actor
Act
Object
Standard
Consequence
Issue · what this lesson is really about
Does the restriction run with the land so that it binds and benefits successors?
這一課問的是：契約上的限制（「不得作商業用途」）是否「跟著土地走」，拘束後手？
Trigger words & phrases that should flag this issue:
restrictive covenantrun with the landrestriction in the deedcommon scheme
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
real covenant
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Written promise concerning land enforceable at law for damages.
實質約款（法上以損害賠償執行）。
equitable servitude
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Promise concerning land enforceable in equity for injunction.
衡平地役（衡平上以禁令執行）。
touch and concern
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Promise must affect use or enjoyment of land.
關涉土地。
intent to bind successors
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Parties intended that successors be bound.
拘束後手之意。
horizontal privity
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Connection between original promisor and promisee.
水平 privity（傳統需求）。
vertical privity
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Connection between original party and successor.
縱向 privity。
notice
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Successor's notice (actual/constructive/inquiry) required for ES to bind.
通知。
Rule Sentence · the workhorse
A restrictive covenant runs with the land at law as a real covenant if intent, touch-and-concern, privity, and writing are met; it runs in equity as an equitable servitude if intent, touch-and-concern, writing, and notice are met.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人original parties + successors原立約人與後手
Act 行為promising/observing land-use restriction承諾或遵守土地用途限制
Object 對象land土地
Standard 法律標準RC: intent+T&C+privity+writing · ES: intent+T&C+writing+noticeRC vs ES 標準
Consequence 後果damages (RC) or injunction (ES)損害或禁令
Casebook Snapshot · a real American case
Sanborn v. McLean
Holding. Where a common owner sells lots in a tract under a general plan of residential restriction, an implied reciprocal negative easement (equivalent to an ES) binds even later-sold lots whose deeds lack the express restriction; visible uniformity gives inquiry notice.
Why it matters. Common scheme + visible uniformity = ES binds all subdivision lots, even those whose deeds say nothing.
共同計劃 + 可見一致使 ES 拘束分區所有地塊。
Common Mistakes · what trips students
✗ RC 與 ES 是同義詞。
✓ RC = damages at law; ES = injunction in equity.
RC 為損害；ES 為禁令。
✗ ES 必須有 horizontal privity。
✓ ES does NOT require horizontal privity.
ES 不需 horizontal privity。
✗ inquiry notice doesn't bind successors.
✓ Inquiry notice does bind; visible patterns suffice.
Inquiry notice 拘束後手。
Mini IRAC · build the Application
Issue. May a homeowners' association enjoin a current owner from running a commercial business on her lot, where the original developer's deed to her predecessor included a residential-use covenant?
Rule. An equitable servitude runs in equity if there is intent that it bind successors, touch and concern, a writing, and the successor took with notice.
Application (model). The developer's original deed contained a residential-use covenant evidencing intent to bind successors; the covenant restricts land use (touch-and-concern); the writing satisfies the SOF; and the current owner had at least record notice from the recorded deed chain. Because an ES runs where intent, touch-and-concern, writing, and notice are present, the fact that all four elements are satisfied means the restriction binds the current owner in equity.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, the HOA may enjoin the commercial use as an equitable servitude.
MBE Check · multiple choice
Developer D sold 30 lots in a subdivision, restricting each deed to single-family residential use. D forgot to include the restriction in lot 31's deed. The buyer of lot 31 wants to open a coffee shop. Other lots are all single-family homes. Will the restriction bind lot 31?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: