Also known as: Ch. II · chapter 2
Written by attorneys · grounded in primary & secondary sources — see below
The portion of the Restatement governing creation of servitudes through requirements such as intent to create the servitude, formal compliance with the statute of frauds, and acquisition by governmental bodies or the public.
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Cedar Creek Farms acquires both the dominant parcel and the servient parcel that had been subject to a recorded access easement. After four years of unified ownership the farm sells the servient parcel to Continental Bank. The bank begins construction that blocks the former access route. Because the servitude terminated upon merger, Continental Bank owes no duty to honor the old easement unless a new servitude is created under the rules of Chapter 2.
Crestview Holdings buys two adjacent lots previously linked by a recorded covenant. The company later sells one lot to Cypress Technologies without executing any new instrument. Cypress Technologies claims the benefit of the old covenant. No servitude exists because the prior unity of ownership ended the original arrangement and revival requires fresh compliance with the creation rules in Chapter 2.
Revival requires creation of a new servitude that satisfies the rules stated in Chapter 2, including intent and any applicable formalities.
No. The rule states that transfer into separate ownership does not revive a terminated servitude, so the clause alone cannot restore the earlier rights.