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- Title
BALANCING INTERESTS: HOW THE PRESCRIPTIVE EASEMENT DOCTRINE CAN CONTINUE TO EFFICIENTLY SUPPORT PUBLIC POLICY.
- Authors
Morgan, Donald C.
- Abstract
The article discusses the author's views about how America's prescriptive easement (PE) legal doctrine can continue to support public policy as of 2015, and it mentions state laws in the country, as well as property rights and several problems involving PE law in the U.S. Restatement of the law treatises and the balancing of interests are addressed, along with the adverse and hostile element of a PE and the policy reasons for favoring the economically productive use of land.
- Subjects
UNITED States; SERVITUDES; PRESCRIPTION (Law); PUBLIC policy (Law); STATE laws; LAND use; RESTATEMENTS of the law; LAW &; economics; PROPERTY rights; ECONOMICS; LAW
- Publication
Wake Forest Law Review, 2015, Vol 50, Issue 5, p1253
- ISSN
0043-003X
- Publication type
Article