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You know that the Statute of Frauds requires certain kinds of contracts to be in writing. However, we noted in this chapter that easements may

You know that the Statute of Frauds requires certain kinds of contracts to be in writing. However, we noted in this chapter that easements may be created by implication (rather than being written).

  1. What public policy reasons might there be for making an exception to the Statute of Frauds when easements have not been memorialized in a writing?
  2. Do you think that an exception for unwritten easements should be allowed?

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