Contracts

Indiana's 'Equitable Servitude' doctrine allows courts to enforce private deed restrictions even against successors who were not parties to the original agreement if:

AThe court issues a specific order
BThe restriction was intended to run with the land, touches and concerns the land, and the successor had notice✓ Correct
CThe original agreement was notarized
DThe restriction was recorded within 30 days

Explanation

Courts will enforce equitable servitudes against successors if: the restriction was intended to run with the land, it touches and concerns the land, and the successor had actual, constructive, or inquiry notice of the restriction.

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