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TENTATIVE DRAFT 8, QUESTIONS SUGGESTED FOR DISC. [i] (May 6-8, 1937)

handle is hein.ali/relwprpty0227 and id is 1 raw text is: The American Law Institute
PROPERTY TENTATIVE DRAFT No. 8
(Group No. 2)
Questions Suggested for Discussion at
the Fifteenth Annual Meeting
May 6-8, 1937
Discussion is not confined to the questions pre-
sented here. You are earnestly requested to raise any
further points which occur to you.
1. In § 2, note the differentiation between the sub-
stances included in the possession of land and those
which can be appropriated only by the possessor of
land, and see Comments b and d, discussing the differ-
entiation here indicated. Is the differentiation sound?
If so, has it been clearly made?
2. In § 4, it is stated that 'A negative easement
assures the owner thereof a particular use or enjoyment
of the land subject to the easement. Is it proper to
speak of a negative easement as giving or assuring use
or enjoyment of the land subject to the easement?
3. In § 11, Comment c, is discussed the question of
what constitutes an interruption of an adverse use.
See the Note to the Aembers of the Institute following
this Comment.
4. Is the position taken in the Caveat following'
the Comments to § 15 a desirable one?