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Running with the land & implied easements
Posted: Fri Dec 17, 2010 6:22 pm
by blerg
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?
Re: Running with the land & implied easements
Posted: Fri Dec 17, 2010 9:06 pm
by gonezo77
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.