Written promise to do something (or not do) on land.
Must be:
In writing
For consideration
Acknoledged
Covenant - Enforceable
Touches and concerns the land
intended to run with the land
privity of estate (only for burden to run)
(notice for burdened land in equity)
Equitable Servitude
= Covenant that equity will enforce if there is notice
Injunction or specific performance requires equitable servitude
Equitable Servitude impled from a common scheme
When a developer subdivides a land into several parcels and some have negative covenants and others do not, covenants or equitable servitudes may be implied under the doctrine of reciproval negative serivitudes if:
(1) a common scheme exists
and (2) there is notice (actual, record, or inquiry) or the covenants