Updated on September 17, 2025

When it comes to property law, few topics confuse California homeowners more than equitable servitudes, covenants, and easements. On paper, they may sound like legal jargon pulled from a dusty textbook. But in practice, they shape everyday property rights — from whether you can build a fence, to how your neighbor uses part of your land.

At Schorr Law, we see these issues come up all the time. Clients often come to us asking: “My deed says something about restrictions — is this an easement? Or a covenant? What’s the difference?”

Let’s break it down in plain language.

Key Takeaways: Equitable Servitudes vs Covenants and Easements

• Easements allow use of someone else’s land without transferring ownership.
• Covenants impose restrictions on how a property can be used, often via deed or HOA rules.
• Equitable servitudes are enforced based on fairness, even if not formally recorded.
• Understanding the differences helps prevent legal disputes over property rights.

What Is an Easement and How Does It Give Others the Right to Use Your Property in California?

Think of an easement as a permission slip. You don’t own the land, but you’re allowed to use it for a specific purpose.

• Utility companies need easements to install and maintain power lines.
• Your neighbor may have an easement to cross your driveway to reach their garage.
• Some easements even cover things like water access or shared pathways.

The important thing? Easements don’t transfer ownership — they’re about use.

What Are Covenants in Property Law and How Do They Affect California Homeowners?

Covenants are promises about how land can or cannot be used. They’re usually tucked into deeds or HOA documents.

• An HOA may require all homes to follow the same architectural style.
• A deed restriction may prohibit commercial businesses in a residential neighborhood.

Unlike easements, covenants are about restrictions and obligations — not usage rights.

What Is an Equitable Servitude and How Is It Enforced in California Real Estate Disputes?

Now here’s where it gets interesting. Equitable servitudes are like cousins to covenants, but they’re enforced through the principle of fairness, even if not every technical legal requirement is met.

Example: A subdivision may have an informal rule that fences can’t be taller than six feet. Even if the restriction isn’t perfectly recorded in every deed, a court may still enforce it because it protects the overall character of the neighborhood.

Equitable servitudes are less about paperwork and more about what’s fair and beneficial for the community.

Why Do Easements, Covenants, and Equitable Servitudes Matter for California Property Owners?

Here’s the reality:

• Disputes over blocked easements are common.
• Homeowners frequently clash with HOAs over covenants.
• Neighbors often ignore or challenge equitable servitudes, leading to lawsuits.

Understanding the difference could save you from expensive legal battles — or give you the leverage you need to protect your property rights.

What Should You Do If You’re Affected by an Easement, Covenant, or Equitable Servitude?

If your property is subject to an easement, covenant, or equitable servitude, you’re not alone — and you’re not stuck navigating it on your own. These legal concepts may feel abstract, but they directly affect how you can use your property and what rights you have against others.

At Schorr Law, we specialize in untangling these issues. Whether you’re dealing with an HOA, a stubborn neighbor, or a confusing deed restriction, we can help clarify your options and fight for your property rights.

Contact us today to schedule a consultation.

Most Common Questions About Easements, Covenants, and Equitable Servitudes

• Q: Can an easement be terminated in California?

  • A: Yes. Easements can end through written agreement, abandonment, merger of the properties, or if the purpose of the easement no longer exists.

• Q: Are covenants legally enforceable?

  • A: Yes. Covenants written into deeds or HOA agreements are typically enforceable, as long as they are reasonable and properly recorded.

• Q: What’s the difference between a covenant and an equitable servitude?

  • A: A covenant is a contractual restriction tied to the land, while an equitable servitude is enforced by courts based on fairness, even if certain technical requirements are missing.

• Q: Do equitable servitudes need to be in writing?

  • A: Not always. Courts may enforce them if there is clear evidence of intent and if enforcement benefits the community or protects property values.

• Q: What should I do if I’m in a dispute over an easement or covenant?

  • A: Consult with an experienced real estate attorney. These disputes can be complex, and the outcome often depends on detailed property records, agreements, and California case law.

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