News & Analysis as of

Adverse Possession 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: A Legal Update for the Title Insurance Industry - Autumn 2023

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Here is what we cover in this issue of Title Insurance Update Autumn 2023- • “Deed Theft: Recent New York Developments” explains that New York State prosecutors, and the New York State legislature, have been focusing on the...more

Rivkin Radler LLP

The Title Reporter – Summer 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: •A trial court in New York has dismissed a negligence action against a title company brought by a developer, ruling...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

Gray Reed

New Mexico Solar Developer Fails to Establish Prescriptive Easement

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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

Tucker Arensberg, P.C.

Can You Kill an Easement in a Vegetative State?

Tucker Arensberg, P.C. on

That was at least partially the question that a recent Lycoming County Court of Common Pleas decision answered in the matter of Swift v. Heltman, et al. In that case, the Plaintiff attempted to claim by adverse possession,...more

Patton Sullivan Brodehl LLP

A Lump Sum Payment of Delinquent Taxes Isn’t Enough for Adverse Possession

As detailed in prior posts, to establish a claim for adverse possession, a plaintiff must prove the following elements: For adverse possession of an easement, the plaintiff must pay the taxes as long as the easement has been...more

Smith Anderson

Statute of Limitations for Actions to Remove Encroachments from Easements Returned to 20 Years

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In 2007, the North Carolina Court of Appeals held in Pottle v. Link, 187 N.C. App. 746, 654 S.E.2d 64 (2007), that actions to remove encroachments from an easement must be brought within six years of the encroachment being...more

Miles & Stockbridge P.C.

Purple Line Continues to Move Forward

The Maryland Court of Appeals issued an opinion on January 22, 2016 holding in favor of Montgomery County, Maryland that the future Purple Line (the proposed light rail between Bethesda and New Carrollton that includes a stop...more

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