Prescriptive Easements

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

by David J. McMahon | Barger & Wolen on 2/12/2013

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

$2.5 Million Boca Raton Mansion Faces Adverse Possession Claim

by Schecter Law on 1/31/2013

Adverse possession is a means of attempting to gain legal title to property by continuous possession of the property for at least seven consecutive years in an open, notorious, and visible manner such that it conflicts with...more

No Prescriptive Right To Dock In Plat

by Eric Guerin | Varnum LLP on 1/11/2013

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

by Miller Starr Regalia on 10/29/2012

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.

by James J. Falcone on 5/14/2012

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

by James J. Falcone on 5/11/2012

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

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters