An equitable servitude arises where one or more of the requirements of a covenant running with the land are not met, but the following conditions are met: (1) the subsequent owner of the servient estate has notice of the covenant; (2) the holder of the servitude is seeking equitable relief only (as opposed to a remedy at law); and (3) it is inequitable to deny the enforcement of the servitude. See In re Snow, 201 B.R. 968, 973 (C.D. Cal. 1996). The In re Snow Court relied upon the California Supreme Court’s holding under Nahrstedt v. Lakeside Village Condominium Association, (1994) 8 Cal. 4th 361, when it defined an equitable servitude under California law.
The In re Snow Court went on to state that “The chief requirement for an equitable servitude is that a successor, against whom enforcement is sought, have notice of the equitable interest at the time that the successor obtains an interest in the property. See In re Snow supra at 973.
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