Nonpossessory interest in land

In real estate law, a party who does not possess a real property make own a non-possessory right over the land.

Real covenant[edit | edit source]

For remedy, a party may seek money damages by asking a court to apply the rules of real covenants.

Equitable servitude[edit | edit source]

Under equitable servitude, a party may ask a court for an injunction for the performance of a positive promise or an injunction against violation of a negative promise (a promise not to do something).

TWIN is an acronym that must be shown in American courts in order for an equitable servitude to run with the land:

1. Touch & concern (with the land)
2. Writing
3. Intent
4. Notice.

Horizontal privity (between the original parties) & vertical privity (among succeeding estates) don't need to be shown for equitable servitude.

Easement[edit | edit source]

See also[edit | edit source]

• Property#Servitudes:_Regulation_of_Land_Use_by_Private_Agreement