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Equitable Servitude
An equitable servitude is a term used in the law of real property to describe a nonpossessory interest in land that operates much like a covenant running with the land. In England, when the promise regarding land use is a negative one i.e. one forbidding certain use, the promise is called equitable servitude. However, in the U.S. both negative and affirmative equitable servitudes are recognized. It is a covenant that equity will enforce against the successors of the burdened land who have notice of the covenant.
In Which We Servitude
Law Commission easements consultation paper 186
CFC: No "Border Patrol" Servitude
In D & D Land Holdings v. United States, No. 06-877L (filed under seal: June 25, 2008, reissued: June 30, 2008), the Court of Federal Claims held the landowner's claim that the Border Patrol's activities on its land resulted in...
Voluntary Servitude by Deception
The Politics of Obedience: The Discourse of Voluntary Servitude
Definition of Servitude:
1 : a condition in which one lacks liberty especially to determine one's course of action or way of life
2 : a right by which something (as a piece of land) owned by one person is subject to a specified use or enjoyment by another
To see the rest of the article, visit the Sex Offender Issues blog...
Involuntary Servitude Theorizing
Both sides of the abortion debate invoke analogies to slavery. Recently, in the National Review Online, Michael Novak's article "Notre Dame Disgrace" criticizes the university for inviting Barak Obama, arguing that "I doubt very much whether the University of Notre...
Employment Law: Involuntary Servitude
Iowa Law Blog caught an unusual employment law case out of New York in A Modern Case of Involutary Servitude. This one is so unusual that I am quoting it at length:Ten nurses from the Philippines were hired to work in nursing homes caring for chronically ill children dependent on ventilators...
Pope on the Involuntary Servitude Clause
James Gray Pope, Rutgers Law School-Newark, has posted Contract, Race and Freedom of Labor in the Constitutional Law of 'Involuntary Servitude', which is forthcoming in volume 119 of the Yale Law Journal...
















