Abstract The law governing servitudes might pretend to resist principled explanation.
Abstract
The law governing servitudes might pretend to resist principled explanation. It varies, not merely between civil and common law jurisdictions, if it were not that within them. One might awe how any principles that could explain the law of undivided jurisdiction could not explain that of others. This Essay claims that there is a principle that explains when the law should allow a landowner to create a servitude. The variety and confusion arise because the principle is hard to translate into a clear legal regularity Nevertheless, the principle itself is fairly simple. A servitude is created by dint of parties who believe that it will
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