News & Analysis as of

Prescriptive Easements

Womble Bond Dickinson

Navigating Property Nuisance Litigation: Lessons from Satcher v. Columbia County on Injunctive Relief and Damage Awards

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In litigation underlying Satcher v. Columbia County, 2024 WL 3802370 (Ga. Aug. 13, 2024), property owners sued the County related to damage caused by their privately-owned 48-inch pipe that had been used as part of the...more

Kaufman & Canoles

New Court of Appeals of Virginia Opinion Regarding Key Requirements To Prove, And Rebut, The Existence Of An Easement By...

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Yesterday, the Court of Appeals of Virginia addressed key requirements to prove, and rebut, the existence of an easement by prescription in Boxley v. Crouse, Record No. 0183-23-3. ...more

Rivkin Radler LLP

The Title Reporter — Spring 2023

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Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •An appellate court in Arkansas, affirming a trial court’s decision, has ruled that a title insurer had properly...more

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

Lake Access: Michigan Appellate Court Addresses Scope of Servient Easement

The Michigan Court of Appeals (“Court”) addressed in a February 1st opinion the scope of a prescriptive easement in a riparian context. See Astemborski v. Manetta, 2022 WL 301296 (Mich. Ct. App. Feb. 1, 2022). The...more

Snell & Wilmer

The Colorado Supreme Court affirms Woodbridge II’s “Adverse Use” Distinction

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Last year, I posted regarding the Colorado Court of Appeals’ decision in Woodbridge II, which concluded that the “adverse use” element for prescriptive easement claims only requires the claimant to “show a nonpermissive or...more

Gray Reed

New Mexico Solar Developer Fails to Establish Prescriptive Easement

Gray Reed on

McFarland Land & Cattle, Inc. v. Caprock Solar I, LLC considered what is the required under New Mexico law to establish a public prescriptive easement, and brings to life the full meaning of “100 feet of bad road”....more

Ervin Cohen & Jessup LLP

Unsettled Ground for Prescriptive and Equitable Easements

Feeling entitled, or deserving or just plain covetous? You have discovered that you are encroaching on your neighbor's property. In California, two inconsistent doctrines can apply to allow you to continue using your...more

Perkins Coie

Neighbor’s Continued Use of Landowner’s Property for Access and Parking Following Division of Lots at Trustee Sale Established...

Perkins Coie on

A California Court of Appeal held that longstanding use of a landowner’s property for access and parking by residents of the adjacent lot had established a prescriptive easement. Husain v. California Pacific Bank, 61...more

Jaburg Wilk

How Can I Get to My Land

Jaburg Wilk on

Owning a piece of land without any means of accessing it is akin to owning a car without the keys. While the absence of access to land, like the absence of keys to a car, does not have any impact on the fact of ownership, it...more

Snell & Wilmer

Woodbridge II and the Nuanced Meaning of “Adverse Use” in Hostile Property Rights Cases in Colorado

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Earlier this year, the Colorado Court of Appeals issued an opinion addressing at length “whether the requirement that the use be ‘adverse’ in the adverse possession context is coextensive with adverse use in the prescriptive...more

Pierce Atwood LLP

Breaking: Mass. High Court Rules Municipality’s Acquisition of Prescriptive Easement Isn’t a Taking

Pierce Atwood LLP on

In a rescript opinion issued yesterday in Gentili v. Town of Sturbridge (pdf), the Supreme Judicial Court (SJC) ruled that a municipality’s acquisition of a prescriptive easement over private property is not an eminent domain...more

Pierce Atwood LLP

This Land (Was) Your Land: Mass. Appeals Court Updates Law on Adverse Possession and Prescriptive Easements

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In the second half of this year the Massachusetts Appeals Court decided three cases in which a party claimed adverse possession or prescriptive rights in real estate. In each case the focus was on one particular element of...more

Miles & Stockbridge P.C.

Real Estate Alphabet Soup: E is for Easement and Eminent Domain

In my last post, “Real Estate Alphabet Soup: D is for Deed” I continued my primer on the “alphabet soup” of real estate. This post continues to stir the “alphabet soup” with the letter “E.”...more

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

Dock Access: Michigan Appellate Court Addresses Non-Riparian Lot Owner Issue

The Michigan Court of Appeals addressed in a January 16th opinion an action in which the Plaintiff sought to limit the rights of non-riparian lot owners to maintain a dock at the end of a dedicated private road abutting a...more

Pierce Atwood LLP

No Prescriptive Easement Over Registered Beach Lots That Expanded By Accretion

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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

Maynard Nexsen

Key Real Estate Ruling from South Carolina Supreme Court

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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

Miller Starr Regalia

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

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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

Hinshaw & Culbertson LLP

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

Miller Starr Regalia

Laches Does Not Preclude A Prescriptive Easement Claim

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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

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