Private Land Use Arrangements

Book excerpt: Private Land Use Arrangements: Easements, Real Covenants, and Equitable Servitudes (2nd Edition) is the most comprehensive and integrated treatment available on the interrelated areas of easements, covenant, and servitudes. The book provide answers to both practical and theoretical issues, and is an essential resource to lawyers and others working in this field. This second edition follows the successful first edition of the book which was hailed by practioners and academics. The first edition was cited as an authority over 25 times in the American Law Institute's Restatement of The Law Third, Property (Servitudes). The second edition utilizes the same organization and approach of the first edition, and covers new cases, emerging developments, and recent innovations. Private Land Use Arrangements: Easements, Real Covenants, and Equitable Servitudes is an important addition to the field and an essential part of the real estate lawyer's library. Private Land Use is important for attorneys in a variety of situations. It provides guidance to transactional attorneys drafting documents such as easement agreements, REAs, covenants, declarations, deeds, and related documents, providing the underlying law and decisions that need to be reflected in documents. The book also includes specific drafting tips that should be included in documents, and is valuable to attorneys facilitating their clients' planning. Moreover, the book is essential for lawyers involved in litigation or dispute avoidance/resolution. It provides a comprehensive discussion of the law as well as competing approaches utilized by the courts, allowing practitioners to build arguments and assess the strength of their client's position. The book offers strategies for avoiding disputes and protecting clients' interests, as well as advice if a matter is litigated. Transactional lawyers, litigators, and academics will benefit from the book's careful examination of underlying policy issues and theory since these are pivotal for courts in determining when and how an easement, covenant, or servitude should be enforced.