The Practice And Protection Of Utilitarian Righteousness

Easement originated from Rome law, the original function of the easement is toaccommodate the use of the adjacent estate. With the development of the research andpractice in easement, easement was thought by some jurists as a general mode of rightin rem lacking appropriate legal forms of land or property interest.In the early days,easements are limited only by drafter’s imagination in theUnited States as that in Britain. The most typical easement are utility easements andrights of way.courts historically did not permit innovation in negative easements.States today are more receptive to new forms of negative easements. Stateslegislatures also have passed statutes authorizing a number of other negativeeasements (and thus avoiding any question whether the easements are valid under thecommon law). Prominent among these are conservation easements, historicpreservation easements, and solar easements.The category of servitude and easements have altered and expanded with thechanges that take place in the circumstances of mankind. Many cases from UnitedStates and Britain have enumerated the above viewpoint. Whether or not a new right,complying with the accepted requirement of easement, will be judicially recognizedor not can be difficult to forecast.Great population in our country leads to the scarcity in the space resource.Monopoly on land ownership cause inefficiency in land use. Easement regarded as aproperty, has the characteristics of stability, which can provide a mechanism to dealwith monopoly and land use in common. Legislature and judicial practice will takeexample of cases in other countries to make full use of easement to adapt the socialdevelopment.