What must exist for the creation of an equitable servitude?

• A. Writing; Intent; Touches and concerns; Notice.
• B. Oral promise; Intent; Touches and concerns; Notice.
• C. Writing; Speed; Notice; Payment.
• D. Recording; Notice; Touches and concerns; Use.

Answer: (A)

To create an equitable servitude, four elements must come together at the outset. The promise must be in writing, reflecting the statute of frauds and ensuring enforceability against future owners. There must be an intent that the restriction run with the land, so it binds not just the current owners but successors. The restriction must touch and concern the land, meaning it affects how the property is used or its value, not just personal obligations between the parties. Finally, there must be notice to future owners—their actual knowledge, inquiry notice, or record notice—so they take the property with the restriction already in place.

This is why writing, intent, touches and concerns, and notice are the essential ingredients. An orally promised restriction cannot create an enforceable future burden on land, and provisions like speed, payment, or mere recording without the touching/concern and notice elements do not establish an equitable servitude.