n Stellenbosch Law Review = Stellenbosch Regstydskrif - Creating and controlling private land use restrictions in Scotland and Louisiana : a comparative mixed jurisdiction analysis

Volume 19, Issue 2
  • ISSN : 1016-4359
  • E-ISSN: 1996-2193



Property law systems in many developed nations around the world today face two common dilemmas. First, should property owners be permitted to establish by contractual agreement land use restrictions and affirmative obligations that bind future owners of the affected land? If this question is answered in the affirmative, then legal systems must decide what limits, if any, should be imposed on these powerful property arrangements. In recent years, scholars from across Europe have begun to address how Europe's legal systems confront these fundamental property problems in the hope of discerning whether there is a basis for possible harmonization of their property law regimes. Scholars in the United States have been debating these same issues since the early 1980's, when preliminary work began on the preparation of the .

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