LAND USE CONTROLS (PART 2): BY PRIVATE AGREEMENT

Equitable Servitudes: An equitable servitude creates a right or obligation that typically passes automatically to successive owners or occupiers of the land to which the right or obligation relates. In this respect, the right or obligation is said to “run with the land”. Where the rights or obligations bind successor owners and occupiers – i.e., run with the land – the land burdened by the servitude is often referred to as the “servient” estate, and the benefited land is referred to as the “dominant” estate. Similar terminology is employed in the context of covenants and easements.

Real Covenants: A real covenant is essentially an equitable servitude, though the law here developed separately because of what are today archaic legal distinctions in the operation of the English judicial system. The technical legal requirements for creation of and running of covenants tend to be more strict than with respect to equitable servitudes – indeed, equitable servitudes were first recognized to circumvent the sometimes harsh and unfair results exacted because of the strict rules pertaining to real covenants.
Licenses: A license is a revocable privilege to enter another’s land for some specific purpose.
Profit: A profit is the right to enter onto the land of another and remove something.