[1] In England and Wales the term is defunct and in Scotland it has very long been a sub-type of the Scottish legal version of servitudes, which are what English law calls easements.
[citation needed] Equitable servitude remains conceptually unaltered from its original core meaning however in many derived jurisdictions today.
It describes wherever a party is in a non-criminal way forbidden from certain use (of land) in such a way as for breach to justify prohibitory or mandatory action to be ordered by the court.
[citation needed] In the United States, negative and affirmative equitable servitudes remain a live legal concept in their own right.
[citation needed] A successor of the promisor is bound if the original promise is in writing, the covenanting parties intended the servitude to be enforceable by and against assignees, the successor of the promisor has actual, inquiry (record), or constructive notice of the servitude, and the covenant touches and concerns the land.