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Adjacent Property Owners Easements

Perkins Coie

Court Upholds Equitable Easement Between Neighbors in Property Line Dispute

Perkins Coie on

The court reversed a decision to grant an implied easement between two homeowners but upheld granting an equitable easement. Romero v. Shih, 78 Cal. App. 5th 326 (2022). The two parcels in question were owned originally...more

Patton Sullivan Brodehl LLP

How to Establish an Equitable Easement

Most easements are created by a recorded instrument. Not so with one of the more exotic species of easement — the “equitable easement.” A case recently published by California’s Second Appellate District — Romero v. Shih...more

Nossaman LLP

Balancing the Grantor and Grantee’s Rights to Use an Easement

Nossaman LLP on

Some easements will contain express language that delineates the respective rights of the grantor and grantee to make use of the easement. Other times, even absent express language, a grantor can be prevented from using an...more

Gray Reed

Ambiguity Foils Right of Way Agreement

Gray Reed on

The central issue in the Texas case of Cook v. Cimarex Energy Co.: Did Cook grant Cimarex a right of way across Cook’s land to the location of two Cimarex wells. No he didn’t. Reversing the trial court, the court of appeals...more

Farrell Fritz, P.C.

Supreme Court Upholds Village of Southampton Zoning Board of Appeals Determination

Farrell Fritz, P.C. on

Applicants sought to subdivide two lots located at 550 Hill Street and 554 Hill Street in the Village of Southampton into three residential lots with a 25 foot wide access easement along the southerly side of an adjoining...more

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