News & Analysis as of

Prescriptive Easements Appeals

Womble Bond Dickinson

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

Womble Bond Dickinson on

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

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

Snell & Wilmer

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

Snell & Wilmer on

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

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

Pierce Atwood LLP on

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

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

Pierce Atwood LLP on

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

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