COMPARISON CHART

CMR

DISTINGUISHING CHARACTERISTICS OF REAL COVENANTS AND EQUITABLE SERVITUDES

Real Covenants Creation Writing is always required

Equitable Servitudes Writing is usually required but may arise by implication from common scheme of development of a residential subdivision No privity required

Running of Burden

Horizontal privity (shared interest in land, apart from the covenant, by original covenanting parties; e.g., mortgagor-mortgagee, landlord-tenant) and vertical privity (successor holds entire interest held by covenanting party) required Vertical privity required Damages

Running of Benefit Remedy

No privity required Injunction