Themis MBE Real Property Practice Exam

What is the difference between a real covenant and an equitable servitude?

Real covenant runs with the land and can be enforced by damages; equitable servitude is enforced mainly by injunction and requires notice and touch/concern. Equitable servitude runs with the land and allows damages; real covenant is enforced mainly by injunction. Real covenants do not require notice. Equitable servitudes require privity.

Correct Answer:

Real covenants do not require notice.

Explanation:

The key idea is how notice affects covenants that run with the land. Real covenants bind successors in interest even if the new owner has no actual notice, because they run with the land through privity of estate and touch/concern the land. Equitable servitudes, on the other hand, bind successors only if the successor has notice of the covenant, and they are typically enforced in equity by an injunction rather than damages. So stating that real covenants do not require notice points to the main distinction in how these two types of covenants operate, making it the best single descriptor of their difference.

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