1. introduction: the power of legislature to allocate wealth


Intention of the parties determines the kind of easements



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2. Intention of the parties determines the kind of easements

      1. an intention to create an appurtenant easement is determined by the reference to such matters as purpose and relation to the use of the land

      2. one approach is to consider whether the easement holder would have any use for the easement other than in connection with a specific piece of land

      3. courts prefer to construe easements appurtenant because ownership of appurtenant easements is more easily determined to be the buyer of the dominant tenement

      4. negative easements are always appurtenant to land because they are designed to protect the dominant estate



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