Sunday, April 16, 2006

It Doesn't Have To Be This Way

Sometimes I get a sneaking suspicion that some people are making this law stuff harder than is strictly necessary.
In adoptiong rules that allowed enforcement of implied reciprocal negative servitudes, the courts supplemented, but did not repeal, either the law of real covenants or the law of easements. This leaves us today with a confused muddle.

Joseph William Singer, Introduction to Property §6.1 at 233 (2d ed. 2005).

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