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This publication is part of the Arbitration Law Database

Private Land Use Arrangements: Easements, Real Covenants and Equitable Servitudes - Third Edition

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Private Land Use Arrangements: Easements, Real Covenants, and Equitable Servitudes - Third Edition is the most comprehensive and integrated treatment available on the interrelated areas of easements, covenant and servitudes. The book provide answers to both practical and theoretical issues, and is an essential resource for lawyers and others working in this field.

This third edition follows the successful previous editions of the book which were hailed by practitioners and academics alike. Private Land Use Arrangements: Easements, Real Covenants, and Equitable Servitudes has been cited as an authority in numerous federal and state court decisions as well as over 25 times in the American Law Institute's Restatement of The Law Third, Property (Servitudes.) 


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.

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).

"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, Chief Administrative Officer and General Counsel, Dranoff Properties; former 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

"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)

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