Prescriptive Easements

News & Analysis as of

No Prescriptive Easement Over Registered Beach Lots That Expanded By Accretion

In an important decision for owners of waterfront property, a divided Appeals Court panel has ruled in a case of first impression that where registered land expands by accretion, the owner need not return to court to...more

Key Real Estate Ruling from South Carolina Supreme Court

Justices Rule on Prescriptive Easements - 2016 Case Notes: Real Estate- Introduction - The South Carolina Supreme Court clarified the law of prescriptive easements in its decision in Simmons v. Berkeley Elec....more

No Prescriptive Rights Arise from Misuse of Dedicated Area

In 2012 the Michigan Legislature passed PA 56 in an attempt to stop the misappropriation of public road ends by private individuals. Though PA 56 carries criminal penalties, a recent Court of Appeals decision reflects that...more

Noise Nuisance - Lorna Grace Peires v. Bickerton Aerodromes Ltd [2016] EWHC 560 (Ch)

Background - The claimant owned a property near to the defendant's aerodrome. One of the activities at the aerodrome was the taking off and landing of helicopters during training exercises (the Activity). The claimant...more

Real News - Spring 2015

Welcome to Real News! I’m pleased to introduce to you DLA Piper’s quarterly guide to key developments in English and Welsh real estate law. In this quarter’s edition: - Mark Beardwood looks at service charge...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

No Dock At Access Easement

Last fall I discussed a decision of the Michigan Court of Appeals in Krantz v Terrill, in "Dock Permitted at Access Easement – No Good Deed Goes Unpunished." ...more

Prevailing Party Attorney Fee Award Is Granted Based On Successful Affirmative Defense Raised In Answer

In Windsor Pacific LLC v. Samwood Co. Inc., 2013 DJDAR 1292 (2013), the California Court of Appeal for the Second Appellate District decided a novel attorney fee issue arising out of hotly contested litigation, pertaining to...more

No Prescriptive Right To Dock In Plat

In 1957 the Michigan Supreme Court observed that "as the Water Wonderland acquires more population it also acquires more litigation over water rights." Our population has increased, we have become more litigious, and plats...more

Laches Does Not Preclude A Prescriptive Easement Claim

Every so often, that ancient and seemingly out-dated distinction between legal and equitable claims (and defenses) derived in the English Chancery Courts hundreds of years ago rears its head and reminds all attorneys that...more

California Equitable Easements. When they apply, and the three step test for establishing one.

California courts have generally provided for equitable easements when the requirements for a prescriptive easement or adverse possession were not present. This article discusses a recent decision the court granted an...more

California Prescriptive Easements and Adverse Possession -How They Are Created, & When You Cannot Get An Exclusive Easement

California prescriptive easement adverse possession and law has evolved evolution in California since its rural beginnings. Once applied primarily to acreage, farm and forest, it is now commonly addressed in urban areas. ...more

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