News & Analysis as of

Injunctions Trespass

Mitchell, Williams, Selig, Gates & Woodyard,...

Drain Tile System/Adjacent Landowner: Vermont Supreme Court Addresses Issues Arising in Nuisance/Trespass Action

The Supreme Court of Vermont (“Supreme Court”) in a May 24th opinion addressed issues stemming from a dairy farm’s installation of a drain tile system that discharged water into a streambed and lake allegedly affecting  a...more

BCLP

Into the Unknown - Supreme Court Confirms Parameters for Injunctive Relief Against Trespassing Newcomers

BCLP on

Injunctions against “persons unknown” have recently garnered much attention, being deployed in both traditional scenarios such as to prevent traveller groups trespassing on land, and also against protestors or urban explorer...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending January 25, 2019

Carlton Fields on

Real Property Update - Trespass / Temporary Injunction: temporary injunction order premised upon a physical trespass onto property, which did not specify actions that constitute trespass, did not enjoin use of airspace over...more

Bricker Graydon LLP

City immune to a landowner’s trespass claim for a stormwater pipe installed without an easement

Bricker Graydon LLP on

Nan Wallace experienced cracks in the walls, foundation and chimney of her residence, which she believed were caused by blockage in a stormwater pipe that flowed beneath her driveway and garage and into her backyard. ...more

Hogan Lovells

Urban exploration: a trend that’s going through the roof

Hogan Lovells on

From abandoned tube stations and former WW2 bunkers to cranes and skyscrapers, it seems barely a week goes by without a news story (or Instagram post) appearing showing an urban explorer in an area once thought of as...more

Farrell Fritz, P.C.

Second Department Vacates Trial Court Order Requiring Removal of Trespassing Structure: Will Money Damages Compensate the...

Farrell Fritz, P.C. on

On January 24, 2018 the Appellate Division, Second Department affirmed in part, and reversed in part, a trial court order granting Defendant, Bay Ridge Methodist’s counterclaim that certain cladding and a drip edge (a system...more

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