Daniel M Klerman and Stefan Bechtold, ‘Personal Property Servitudes Revisited’, 99 Tulane Law Review 345 (2024). A new work by Professors Daniel Klerman and Stefan Bechtold, ‘Personal Property Servitudes Revisited’, is an excellent case study in when and how property rules should and can evolve. Professors Klerman and Bechtold inquire whether those buying and selling personal property (chattels) can write contracts that legally bind purchasers just as those buying and selling real property can use real covenants and equitable servitudes to bind future purchasers. Equally as important, the authors ask whether buyers and sellers of personal property should be able to write such contracts. The traditional answer has been ‘no’. For a long time, concerns about notice, tracing, and administrability have limited the recognition and enforcement of servitudes attached to personal property in its transfer … (more)
[Donald Kochan, JOTWELL, 16 July 2025]
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