• S2. Ep. 8: Servitudes: Rules Governing Contractual Restrictions on Land Use

  • Oct 4 2024
  • Length: 15 mins
  • Podcast

S2. Ep. 8: Servitudes: Rules Governing Contractual Restrictions on Land Use

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  • Summary

  • We're exploring the rules governing servitudes, which are legal rights that one person or entity holds over another person's land. we'll go into the ways in which servitudes are created, interpreted, and terminated. Additionally we'll cover policy concerns surrounding servitudes, including ensuring that parties truly intend to bind the land, that future owners have notice of the servitude's existence, and that the servitude increases land value. Further examining specific rules governing the creation and enforcement of servitudes, specifically focusing on easements, which are the most common type. Discussing easements by estoppel, prescription, implication, necessity, and constructive trust. We'll highlight the competing policy considerations involved in these rules, such as the balance between protecting property rights and promoting efficient land use, and the tension between upholding freedom of contract and protecting public interests.


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