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TENTATIVE DRAFT 12, QUESTIONS SUGGESTED FOR DISC. [i] (May 11-13, 1939)

handle is hein.ali/relwprpty0235 and id is 1 raw text is: The American Law Institute RESTATEMENT OF PROPERTY Group No. 2 Tentative Draft No. 12 Questions Suggested for Discussion at Seventeenth Annual Mecting, May 11-13, 1939. Discussion is not confined to the questions pre- sented here. You are earnestly requested to raise any further points which occur to you. 1. Is the substitution of the single word ease- ments for the phrase easements and profits which has been used in previous drafts satisfactory? See Note to the M[embers of the Institute, page 1. 2. § 49. In Section 49, Comment b there is dis- cussed the extinguishment of an easement by the unity of ownership of estates of limited duration such as life estates or teims for years in both the dominant and sorvient tenement. Is it preferable to use the word ''suspension rather than the word ''extinguishment'' in this connection? 3. §§ 59 and 60. In Section 59, Comment d, and Section 60, Comment c, it is stated in effect, that an adverse user is not entitled to protection in his use as against third persons until his adverse use has given him a prescriptive right as against the possesor of the servient tenement. Should such protection be so lim- ited ? 4. § 62. With regard to Section 62, Comment e, is it necessary, in a case where the license coupled with

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