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TENTATIVE DRAFT 10, QUESTIONS SUGGESTED FOR DISC. [i] (May 12-14, 1938)

handle is hein.ali/relwprpty0231 and id is 1 raw text is: The American Law Institute PROPERTY TENTAIVE DRAFT No. 10 (Group No. 2) Questions Suggested for Discussion at Sixteenth Annual Meeting May 12-14, 1938 Discussion is not confined to the questions pre- sented here. You are earnestly requested to raise any further points which occur to you. 1. §§ 29 and 30. In §§ 29 and 30 there is devel- oped the concept that the uses which operate to create an easement or a profit by prescription form a pattern to which uses made under the easement or the profit must conform. In § 31 there is developed the further concept that uses which extend beyond the pattern found by the uses by which an easement or a profit appurtenant was created by prescription are permitted under such an easement or profit if the uses made sat- isfy a need resulting from a normal development of the dominant tenement. Are these concepts developed with sufficient clarity? Should they be differently ex- pressed? 2. §§ 34 and 35. In §§ 34 and 35 the extent of easements and profits created by conveyance is treated as a problem of construction. In so treating it there are developed to some extent the general principles of construction. Is this development satisfactory? 3. § 34. In § 34 it is said that the extent of an easement or a profit created by conveyance is fixed by the conveyance. Is this statement too general in

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