Common Scheme Doctrine

When a developer subdivides land and imposes restrictions for the benefit of all lots, an implied reciprocal servitude (negative easement) may be enforced by and against all lot owners, even if the restriction does not appear in every deed. A purchaser with notice of the common scheme is bound.

Related Easements, Covenants & Servitudes rules

• Easements — Definition and TypesAn easement is a nonpossessory right to use another's land. An easement appurtenant benefits a dominant estate and…
• Creation of EasementsEasements may be created by: (1) express grant or reservation in a writing satisfying the Statute of Frauds; (2)…
• Easement by ImplicationAn easement by implication arises when land under common ownership is divided, a prior use of the quasi-dominant…
• Easement by NecessityAn easement by necessity arises when a conveyance leaves a parcel landlocked without access to a public road. Strict…
• Easement by PrescriptionAn easement by prescription is acquired by open, notorious, adverse, and continuous use of another's land for the…
• Termination of EasementsAn easement may be terminated by: (1) expiration; (2) merger of dominant and servient estates; (3) release by the…
• Real Covenants — ElementsA real covenant is a promise concerning land use that runs with the land at law. For the burden to run, there must be:…
• Equitable ServitudesAn equitable servitude is a covenant enforceable in equity against subsequent landowners who take with notice.…

Part of Real Property on Core Legal Rules — foundational MBE-tested principles with primary-source citations.