Third-Party Interests in the Use and Control of Land

This chapter focuses on two categories of burden on land: easements (obligations that benefit and burden two separate pieces of land) and restrictive freehold and commonhold covenants (promises restricting the use of freehold land). Our approach in this chapter reflects our view that these private law obligations cannot be fully understood without also considering the broader context of public law obligations that relate to the use of land. Consequently, this chapter explores the nature and development of easements and restrictive covenants in the context of the social, economic and political arguments for permitting third parties to control use of land by private owners, as well as the control and regulation of land use as a public function.