Which of the following is an exception to the general requirements for creating an equitable servitude?

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Multiple Choice

Which of the following is an exception to the general requirements for creating an equitable servitude?

Equitable servitudes bind landowners when the promise touches and concerns the land, shows intent to run with the land, and, for the burden to bind successors, there must be notice; writing is the usual route under the Statute of Frauds. An important exception is that reciprocal negative servitudes may be implied from a common scheme for development. When a developer plans a subdivision with a set of restrictions, buyers in the later purchases can be bound by those restrictions even if every deed doesn't contain identical explicit language, as long as the development plan and the purchasers’ knowledge create a reasonable expectation that the restrictions apply across the entire scheme. This makes the common-scheme situation an exception to the general writing requirement. The other statements don’t fit as exceptions: notice is tied to the burden running, not the benefit; writing is generally required unless the common-scheme exception applies; and the restriction must touch and concern the land, so claiming it isn’t required would contradict the usual requirements.

Equitable servitudes bind landowners when the promise touches and concerns the land, shows intent to run with the land, and, for the burden to bind successors, there must be notice; writing is the usual route under the Statute of Frauds. An important exception is that reciprocal negative servitudes may be implied from a common scheme for development. When a developer plans a subdivision with a set of restrictions, buyers in the later purchases can be bound by those restrictions even if every deed doesn't contain identical explicit language, as long as the development plan and the purchasers’ knowledge create a reasonable expectation that the restrictions apply across the entire scheme. This makes the common-scheme situation an exception to the general writing requirement.

The other statements don’t fit as exceptions: notice is tied to the burden running, not the benefit; writing is generally required unless the common-scheme exception applies; and the restriction must touch and concern the land, so claiming it isn’t required would contradict the usual requirements.

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