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Equitable servitude

Index Equitable servitude

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. [1]

22 relations: California, Clean hands, Covenant (law), Easement, Easements in English law, Enclave and exclave, England and Wales, Equity (law), Estoppel, In personam, Judicature Acts, Knowledge (legal construct), Laches (equity), Law, Law of Property Act 1925, Massachusetts, Nonpossessory interest in land, Precedent, Real property, Scots law, Tulk v Moxhay, United States.

California

California is a state in the Pacific Region of the United States.

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Clean hands

Clean hands, sometimes called the clean hands doctrine or the dirty hands doctrine, is an equitable defense in which the defendant argues that the plaintiff is not entitled to obtain an equitable remedy because the plaintiff is acting unethically or has acted in bad faith with respect to the subject of the complaint—that is, with "unclean hands".

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Covenant (law)

A covenant in its most general sense and historical sense, is a solemn promise to engage in or refrain from a specified action.

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Easement

An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it.

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Easements in English law

Easements in English law are certain rights in English land law that a person has over another's land.

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Enclave and exclave

An enclave is a territory, or a part of a territory, that is entirely surrounded by the territory of one other state.

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England and Wales

England and Wales is a legal jurisdiction covering England and Wales, two of the four countries of the United Kingdom.

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Equity (law)

In jurisdictions following the English common law system, equity is the body of law which was developed in the English Court of Chancery and which is now administered concurrently with the common law.

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Estoppel

Estoppel is a judicial device in common law legal systems whereby a court may prevent, or "estop" (a person who performs this is estopped) a person from making assertions or from going back on his or her word.

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In personam

In personam is a Latin phrase meaning "directed toward a particular person".

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Judicature Acts

The Judicature Acts are a series of Acts of Parliament, beginning in the 1870s, which aimed to fuse the hitherto split system of courts in England and Wales.

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Knowledge (legal construct)

In law, knowledge is one of the degrees of mens rea that constitute part of a crime.

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Laches (equity)

Laches ("latches",; Law French: remissness, dilatoriness, from Old French laschesse) refers to a lack of diligence and activity in making a legal claim, or moving forward with legal enforcement of a right, particularly in regards to equity; hence, it is an unreasonable delay that can be viewed as prejudicing the opposing party.

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Law

Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior.

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Law of Property Act 1925

The Law of Property Act 1925 is a statute of the United Kingdom Parliament.

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Massachusetts

Massachusetts, officially known as the Commonwealth of Massachusetts, is the most populous state in the New England region of the northeastern United States.

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Nonpossessory interest in land

A nonpossessory interest in land is a term of the law of property to describe any of a category of rights held by one person to use land that is in the possession of another.

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Precedent

In common law legal systems, a precedent, or authority, is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts.

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Real property

In English common law, real property, real estate, realty, or immovable property is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or affixed to the land, including crops, buildings, machinery, wells, dams, ponds, mines, canals, and roads, among other things.

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Scots law

Scots law is the legal system of Scotland.

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Tulk v Moxhay

Tulk v Moxhay is a landmark English land law case that decided that in certain cases a restrictive covenant can "run with the land" (i.e. a future owner will be subject to the restriction) in equity.

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United States

The United States of America (USA), commonly known as the United States (U.S.) or America, is a federal republic composed of 50 states, a federal district, five major self-governing territories, and various possessions.

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Redirects here:

Deed of servitude, Equitable Servitude, Equitable servitudes, Servitude (law).

References

[1] https://en.wikipedia.org/wiki/Equitable_servitude

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