Real covenant vs equitable servitude: When damages are sought to enforce a covenant, the covenant is a real covenant; when injunction is sought to enforce, it is an equitable servitude.

• A. False
• B. True
• C. Only real covenants can be enforced
• D. Only equitable servitudes can be enforced

Answer: (B)

The key idea is that the remedy chosen for enforcing a covenant aligns with the type of covenant. A real covenant is a promise that runs with the land and, when breached, is typically enforced with a legal remedy—damages. An equitable servitude is enforceable in equity, usually by an injunction preventing the breach, rather than by monetary damages. So if you’re seeking damages, you’re enforcing a real covenant; if you’re seeking to stop the violation, you’re enforcing an equitable servitude. While modern practice can blur lines in some contexts, the traditional rule tested here is that distinction.