Land-Use Doctrines

Jeffrey Evans Stake

Indiana University Maurer School of Law

August 1998

This essay discusses the land-use doctrines of real covenants, equitable servitudes, easements, profits, and licenses. As it is limited to the private arrangements regarding the use of land, perhaps 'land promises' would describe it best. Private land-use controls remain a viable means of controlling externalities, even in this era of public zoning, because they can be more carefully tailored to particular situations and are supported by more meaningful 'consent' of the governed. Very little of this land use law has received proper economic treatment. Nevertheless, this essay suggests economic rationales for some of the requirements and distinctions in the rules, many of which are under attack by reformers as being overly complicated. In short, the essay attempts to make economic sense of the complex law of land promises.

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Date posted: September 2, 1998  

Suggested Citation

Stake, Jeffrey Evans, Land-Use Doctrines (August 1998). Available at SSRN: https://ssrn.com/abstract=121442

Contact Information

Jeffrey Evans Stake (Contact Author)
Indiana University Maurer School of Law ( email )
211 S. Indiana Avenue
Bloomington, IN 47405
United States
812-855-4444 (Phone)
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