When a land owner mistakenly builds a house or other building or structure that encroaches on a neighbor’s property, what is the remedy? Does the offending land owner have to physically remove the structure from the...more
Section 2-1401 of the Illinois Code of Civil Procedure (735 ILCS 5/2-1401) provides that a judgment may be set aside more than thirty days after its entry on petition for various reasons. So when is the apparent lack of...more
The Court of Appeals issued a number of decisions today, while snow and ice ghosted the City of Raleigh. The Court addressed trespass to land, the availability of the "offset" defense to commercial loan guarantors. Let's...more
Last week, the Texas Supreme Court issued its opinion in Environmental Processing Systems LC v. FPL Farming Ltd., case number 12-0905, and specifically declined to address the issue of whether wastewater that migrates under...more
In Environmental Processing Systems, L.C. v. FPL Farming Ltd., a landowner sued the operator of a neighboring wastewater disposal facility on the theory that deep subsurface wastewater trespassed beneath the landowner’s...more
The Supreme Court of Texas upheld a jury verdict finding that a landowner did not suffer trespass from a wastewater injection well located on adjacent property. Environmental Processing Systems, L.C., v. FPL Farming Ltd.,...more
In its weekly orders (2/6/15), the Texas Supreme Court issued four new opinions and granted no petitions for review.
The new opinions are as follows:
No. 12-0136, Wackenhut Corp. v. Gutierrez -- This case...more
As part of our continuing California drone law coverage, today we report on the latest attempt by the California legislature to regulate unmanned aerial vehicles. Introduced yesterday by California State Senator Hannah Beth...more
In a recent decision involving the interplay between California law and federal labor law, the U.S. Court of Appeals for the Ninth Circuit ruled that state trespass and nuisance laws are not preempted by the federal secondary...more
My mother used to give us good advice. For example: Don’t lie … do your homework. Sabella v. Appalachian Development Corporation agrees with my mother.
Sabella bought minerals in 1997 under 66 acres in Warren...more
The Ninth Circuit has revived a Brea shopping mall owner's lawsuit alleging trespass and nuisance claims against union carpenters. The union purportedly picketed and demonstrated disruptively and destructively at a store...more
Under the law, anyone who enters your property is an invitee, licensee or a trespasser. You can summon an invitee, like a pizza delivery driver. An invitee generally enters the property for the parties’ mutual benefit –...more
“Web scraping” or “web harvesting”—the practice of extracting large amounts of data from publicly available websites using automated “bots” or “spiders”—accounted for 18% of site visitors and 23% of all Internet traffic in...more
Can Non-Employees Be Denied Access to Employers’ Property?
Employers often raise questions on whether labor law requires them to allow non-employees to solicit, hand-bill, demonstrate, etc. on the employers’ property....more
Fluids associated with oil & gas production frequently move across subsurface property lines. For example, injected fracing fluids and disposed saltwater often move beyond the lease on which the particular injection well is...more
In its recent decision in Travelers Property Casualty Company of America v. Mixt Greens, Inc., 2014 U.S. Dist. LEXIS 39548 (N.D. Cal. March 25, 2014), the United States District Court for the Northern District of California...more
Following a change to planning laws that was welcomed by developers, government shows signs of promoting shale gas extraction operations in the UK.
The UK government has announced that it is reviewing the existing...more
In Burton v. Rhode Island, No. 2012-213-Appeal; 2012-268-Appeal, the Rhode Island Supreme Court held that a 17-year-old trespasser could not invoke the attractive-nuisance doctrine because he could not establish that he did...more
The Texas Supreme Court is now poised to decide whether subsurface migration of fluids from an approved injection well may constitute an actionable trespass under Texas common law. Recently accepting a petition for review in...more
Hydraulic fracturing, commonly referred to as “fracking,” is a drilling process used to extract underground oil or natural gas trapped in hard to reach shale rock formations deep in the earth. The process involves well...more
California plans tighter control of hydraulic fracturing, but not enough for some - New York Times - Dec 13:
California oil and gas companies using hydraulic fracturing to tap the nation’s largest oil shale formation...more
Last week, the Texas Supreme Court agreed to hear a suit that could determine whether landowners in the state have a cause of action for trespass when water from underground injection wells migrates onto their property. The...more
In our previous post, we discussed common problems for property owners regarding trespass and nuisance. While enforcing your legal rights is always a possibility, litigation is never a desired course....more
On November 12, 2013, the West Virginia Supreme Court of Appeals released its decision in Hersh v. E-T Enterprises, Ltd., et al., No. 12-0106. This landmark decision overturns more than 100 years of West Virginia precedent by...more
Contrary to Woody Guthrie's catchy tune, there are many good reasons to keep your property "private" and free from uninvited guests: the potential for property damage, theft, and liability for injuries to name a few. The...more
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