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The Restatement, Third, now includes volumes on Agency, the Law Governing Lawyers, Property (Mortgages, Servitudes, Wills and Other Donative Transfers), Restitution and Unjust Enrichment, Suretyship and Guaranty, Torts (Products Liability, Apportionment of Liability, Economic Harm, and Physical and Emotional Harm), Trusts, and Unfair Competition.
M.P.M. Builders, LLC v. Dwyer, 442 Mass. 87, 809 N.E.2d 1053 (2004), was a case decided by the Massachusetts Supreme Judicial Court that first adopted the Restatement Third of Servitudes for the relocation of easements in that state. [1]
In property law, land-related covenants are called "real covenants", " covenants, conditions and restrictions " (CCRs) or "deed restrictions" and are a major form of covenant, typically imposing restrictions on how the land may be used (negative covenants) or requiring a certain continuing action (affirmative covenant).
Quebec law distinguishes between predial and personal servitudes. A predial servitude is a perpetual real right in the property of another (the servient estate) which confers on the owner of the dominant estate permanent, specific entitlements of use and enjoyment (beneficial interest) of the servient estate.
An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions. An easement is similar to real covenants and equitable servitudes. [2] In the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes. [3]
Spencer's Case (1583) 5 Co Rep. 16a, is an English common law case reported by Sir Edward Coke, who was then sitting on the King's Bench.It establishes the rule that covenants in leases with a sufficiently close relation to the land "run with the land," and will bind assignees of the leasehold.
There are two main views on the right to property in the United States, the traditional view and the bundle of rights view. [6] The traditionalists believe that there is a core, inherent meaning in the concept of property, while the bundle of rights view states that the property owner only has bundle of permissible uses over the property. [1]
Stewart E. Sterk is the Mack Professor of Law at the Benjamin N. Cardozo School of Law of Yeshiva University in New York City. [1] He has taught there since 1979. Professor Sterk served as an advisor in the preparation of the Restatement (Third) of Property (Servitudes), [1] and has co-authored casebooks on trusts and estates and land use.