EQUITABLE EASEMENT. A right to eon trol or restrict another, by injunction or other equitable process, in the lawful use of his land. This right arises under a variety of circum stances, but usually where the owner of a parcel of land enters into a restrictive covenant as to his use thereof with a neighbor—as that he will not build within a certain distance of the street line; that he will not maintain a stable, a tavern, or other objectionable occupation thereon. Such a covenant is enforceable at law against the maker of it; but as no burden can be imposed upon land by covenant, and as such a restriction cannot, however created, be recognized as a legal easement, it becomes inoperative as soon as the land is conveyed away by the covenantor to a stranger. If. however, the covenantor bound his heirs and assigns, as well as himself, to the per formance of the agreement, the courts of equity will restrain a violation of it, not only by the covenantor himself, but by his heir, his devisee, or grantee without consideration, and by any assign who takes the land with knowledge of the covenant. As in the United States the recording of a deed is constructive notice of its contents to all subsequent purchasers of the property, this equity jurisdiction creates in this class of cases a right analogous to that known as an easement at law. The phrase 'restricted land' and `re
strictive covenants,' in common use in eonnec lion with city and suburban property, have ref erence to the existence of such equitable ease ments.
Though the exercise of this jurisdiction is closely limited to agreements which are of a re strictive character and which impose no active duty upon the owner of the land affected, it has in recent years been greatly expantled so as to include eases in which there was in fact no co•e nant, but only a general. but perfectly clear and definite, understanding among the various owners of a tract of land as to the uses to which it should be devoted. Accordingly, if land is sub divided and sold in pa reels, in accordance with a general scheme or plan, all who buy with notice of the restrictions eontained in such plan are bound thereby. See COVENANT; EASEMENT; EQUITY; RESTRICTIVE COVENANT.