What does the term “touch and concern” refer to in equitable servitudes?

The term “touch and concern” in the context of equitable servitudes specifically refers to the requirement that a restriction or obligation must relate to the use and enjoyment of the land. This means that for a servitude to bind future owners of a property, the equitable servitude must impact the property in some tangible way, often concerning its value or its utility in relation to the land.

The essence of this principle is that the covenant or restriction should benefit the servient estate or burden the dominant estate in a manner that is relevant to the land itself. If a restriction does not “touch and concern” the land, it is unlikely to be enforceable against future owners because it lacks a direct relationship to the land's use or enjoyment.

In contrast, aspects concerning the maintenance of property, financial implications, or obligations solely imposed on the grantor do not capture the core idea of how property is fundamentally used, enjoyed, or valued in relation to equitable servitudes. Hence, the focus on the connection to land use and enjoyment is what defines the "touch and concern" requirement.