Unavoidable Difficulties in Drafting Easements

3 Pages Posted: 6 Mar 2011 Last revised: 22 Mar 2011

See all articles by Roger Bernhardt

Roger Bernhardt

Golden Gate University - School of Law

Date Written: January 1, 2009


This article discusses the use of the word “exclusive” in easements through, with advice to transactionalists as to prudent drafting and to litigators as to arguments to make for dominant and servient estate holders.

Keywords: Gray v. McCormick, Exclusive, Excluding, Dominant, Servient, Ingress, Egress

JEL Classification: K11

Suggested Citation

Bernhardt, Roger, Unavoidable Difficulties in Drafting Easements (January 1, 2009). Available at SSRN: https://ssrn.com/abstract=1774007 or http://dx.doi.org/10.2139/ssrn.1774007

Roger Bernhardt (Contact Author)

Golden Gate University - School of Law ( email )

536 Mission Street
San Francisco, CA 94105
United States

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