What is necessary for an equitable servitude's burden to run with the land?

For an equitable servitude's burden to run with the land, it is essential to establish intent and notice. Intent refers to the original parties’ intention that the servitude should apply to subsequent owners. This is typically demonstrated through language in the conveyance documents indicating that the servitude is intended to bind future owners.

Notice is equally important, as it ensures that subsequent purchasers are aware of the servitude. This prevents unfair surprise for those acquiring the property and allows them to understand the limitations or obligations tied to the property. Notice can be actual, constructive, or inquiry-based, which generally arises from the nature or circumstances concerning the land.

While touch and concern the property is a necessary element for the burden to run, it is encompassed within the broader framework of intent and notice that governs equitable servitudes. Furthermore, privity is not required for equitable servitudes to enforce the burden because they primarily concern the original parties’ intentions and the notice given to subsequent owners. Thus, the combination of intent and notice is what satisfies the requirements for an equitable servitude's burden to run with the land.