Running with the land & implied easements

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Running with the land & implied easements

Postby blerg » Fri Dec 17, 2010 6:22 pm

If you have an easement implied from prior use and then a subsequent sale of the servient estate, how can you get around the writing requirement for the burden to run?

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Re: Running with the land & implied easements

Postby gonezo77 » Fri Dec 17, 2010 9:06 pm

Informal easements, with the exception of prescriptive, will burden future owners of the servient estate if 1) intended to do so and 2) reasonably necessary for the use and enjoyment of the dominant estate.

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