Private Land Use Arrangements: Easements, Real Covenants and Equitable Servitudes - 2nd Edition
Gerald Korngold
Price: $165.00 600 pages.
1 Hardcover Volume. Index. Table of Cases and Statutes. Published October 2004. 2009 Supplement (Pocket Part.)
ISBN-13: 978-1-57823-187-4
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About the Book:
Private Land Use Arrangements: Easements, Real Covenants, and Equitable Servitudes (2nd Edition) is the most comprehensive and integrated treatment available of the interrelated areas of easements, covenant, and servitudes. The book provide answers to both practical and theoretical issues in this complicated area of real estate law, and is an essential resource to lawyers and others working in this field.
This second edition follows the successful first edition of the book which was hailed by practioners and academics. The first edition was cited as an authority over 25 times in the recent Restatement of Property (Third)- Servitudes. The second edition utilizes the same organization and approach of the first edition, and covers new cases, emerging developments, and recent innovations. Private Land Use Arrangements: Easements, Real Covenants, and Equitable Servitudes is an important addition to the field and an essential part of the real estate lawyer's library.
Private Land Use is important for attorneys in a variety of situations. It provides guidance to transactional attorneys drafting documents such as easement agreements, REAs, covenanants, declarations, deeds, and related documents, providing the underlying law and decisions that need to be reflected in documents. The book also includes specific drafting tips that should be included in documents, and is valuable to attorneys facilitating their clients' planning. Moreover, the book is essential to lawyers involved in litigation or dispute avoidance/resolution relating to easements, covenants, and servitudes. It provides a comprehensive discussion of the law as well as competing approaches utilized by the courts, allowing practitioners to build arguments and assess the strength of their client's position. The book offers strategies for avoiding disputes and protecting clients' interests, as well as advice if a matter is litigated. Transactional lawyers, litigators, and academics will benefit from the book's careful examination of underlying policy issues and theory since these are pivotal for courts in determining when and how an easement, covenant, or servitude should be enforced.
Praise for "Private Land Use"
"Any practitioner representing developers or other owners and operators of real estate will find this volume to be of invaluable assistance. Litigation arising out of easements, land covenants, and equitable servitudes have frequently demonstrated the amazing complexity of such matters, especially in ensuring that the benefits and burdens of such easements to be incorporated in such documents are properly allocated in accord with the intentions of the parties. Dean Korngold's volume is a guiding light to understanding and drafting documents addressing these complex matters."
- David Lebor, Partner, Blank Rome, Philadelphia
"Private Land Use Arrangements: Easements, Real Covenants, and Equitable Servitudes by Professor Gerald Korngold is an eminently readable and well-organized treatise on easements, real covenants and equitable servitudes. As a practicing commercial real estate lawyer, I found the treatise most helpful in pulling together and explaining concepts with which I had been dealing for years but never fully understood. The 'Drafting Comments' interspersed throughout the book always bring the legal theory down to the reality of what the practicing attorney should put in his or her documents. And the treatise will be an invaluable guide to the litigator who is faced with the need to defend or attack the validity or enforceability of a particular easement document or who is faced with the need to assert, or resist the assertion, that an easement exists by implication or prescription. Professor Korngold pulls together and organizes the often-conflicting rulings of the courts to give the practitioner a cogent analysis of what 'the law' is or should be in this little-understood area of real estate law."
- Zachary Paris, Partner, Jones, Day, Cleveland
"Dean Korngold's Private Land Use Arrangements: Easements, Real Covenants, and Equitable Servitudes gives a comprehensive, thorough, and well-written treatment of these famously challenging legal devices. Reflecting his extensive experience as a teacher and scholar, Korngold sorts out the tangled doctrines, explains the theories behind the doctrines, and explores the policy issues relevant to enforcement of easements and covenants in language practitioners and students will find readily accessible. This gem of a treatise belongs on every real estate practitioner's bookshelf and in every law library."
- Susan French, Professor, UCLA Law School -Professor French is the ALI Reporter for the Restatement of the Law, Third, Property (Servitudes) and serves as an Adviser to the Restatement of the Law, Third, Property (Donative Transfers)
About the Author:
Gerald Korngold Gerald Korngold is Professor of Law at New York Law School in New York City and a Visiting Fellow at the Lincoln Institute of Land Policy in Cambridge, Massachusetts. He is the former Dean of Case Western Reserve University School of Law.
Professor Korngold is an elected member of the American Law Institute (ALI) and the American College of Real Estate Lawyers. He served as an Advisor to the ALI's Restatement of Property (Third) - Servitudes. Professor Korngold is also the author of Cases and Text on Property (with French, Vander Velde, Casner & Leach); Real Estate Transactions: Cases and Materials on Land Transfer, Development and Finance (with P. Goldstein) and Property Stories (co-edited with A. Morriss).