phife2

1. equitable servitudes – get an injunction (NOT money damages)

(a) three requirements to enforce burden:

1) intent that the restriction be enforceable by successor in interest
2) restriction must touch and concern the land
3) notice to subsequent purchaser (actual, constructive, inquiry)
4) NO privity needed

(b) two requirements to enforce benefit:

1) intent
2) touch and concern

2. enforcement of subdivisions: each lot owner can enforce a restriction against all other lot owners
(mutual right of enforcement)

(a) requirements:

1) intent to impose a servitude on ALL land in subdivision (evidenced by common building plan)
2) notice – constructive or inquiry (not actual)