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When Logic And Proportion Fall: Do Policy Objectives Override Common Rules Of Conveyancing For Conservation Easements?

The Second District Court of Appeal’s decision in Canyon Vineyard Estates I, LLC v. DeJoria sidesteps several potentially troublesome conveyancing issues by focusing on the statutory authorization for “conservation easements”...more

No Boundaries: The Erosion of Private Property Rights by Judicial Deference to Regulatory Overreach

A fundamental precept of American law is the authority of the government, in the exercise of the police power for the protection of the health, safety, and welfare of the public, to regulate the conduct of individuals in the...more

"Good" Bad Faith vs "Bad" Bad Faith: Equitable Principles and the Doctrines of Adverse Possession and Prescription

Adverse possession is the acquisition of title to another’s real property by continuous possession and use of the property for the prescribed period of five years. A party seeking title to real property by adverse possession...more

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