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B. Personal Servitudes: Cases 149–151

Chapter 5: Servitudes

Cases 149–151.  In the modern common law, rights of the kind typically created by the Roman personal servitudes of usufruct and use are rarely the subject of servitudes.  Instead such rights are normally created by contract, especially in the form of mineral leases, mining leases, timber leases, and operating leases (permitting the use of another’s property for a period that is shorter than the normal useful life of the same).  The Roman doctrine that the owner of a usufruct is liable for damage to the “substance” of the property, together with the corollary principle that “use” does not extend to “using up” (abusus) the property, have a rough analogy in the common law doctrine that the owner of a life estate may not “waste” the estate property.


Chapter 5: Introduction | A. Cases 142–148 | B. Cases 149–151


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