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Appeals › Reversal › Easements

Patton Sullivan Brodehl LLP

How Far Must the Owner of a Right-of-Way Easement Go to Maintain It?

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California law is clear that the owner of a private right-of-way easement has a duty to maintain the easement.  What is less clear is how far that duty to maintain may stretch...more

Perkins Coie

County May Abandon Public Easement Rights to Prevent Unauthorized Use of Road

Perkins Coie on

The Third Appellate District determined that Placer County met relevant statutory requirements when it partially abandoned public easement rights in a road originally intended to be used only for emergency access and public...more

Patton Sullivan Brodehl LLP

Is an Irrevocable License Binding on a Purchaser?

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A landowner grants a license by allowing someone else to use the land.  A license can be created by express permission, or by acquiescence (allowing the use with full knowledge and without objecting).  Normally, a license is...more

Jackson Walker

Texas Supreme Court Reaffirms Validity and Scope of General Easements

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Friday, February 28th, in Southwestern Electric Power Company v. Lynch et al., the Texas Supreme Court decided a hotly contested case regarding the interpretation of “general easements.” In Texas, the term “general easement”...more

Tucker Arensberg, P.C.

Sellers and Specific Performance: A Remedy in Equity or Damages Flowing From a Breach?

Tucker Arensberg, P.C. on

If a Buyer breaches an Agreement of Sale and refuses to buy the property, can the Seller seek specific performance as a remedy? A 2019 Superior Court decision concluded yes....more

Farrell Fritz, P.C.

Second Department Reverses Mandamus Requiring Building Inspector to Issue a Permit to Construct a Dock

Farrell Fritz, P.C. on

On October 17, 2018, the Supreme Court, Appellate Division, Second Department (“Second Department”) issued two (2) companion decisions arising out of three different attempts by Petitioners, Kleinknechts (“Petitioners”) to...more

Patton Sullivan Brodehl LLP

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

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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

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: SC19408 - NPC Offices, LLC v. Kowaleski - In this case, the Supreme Court reversed the Appellate Court. The Appellate Court had agreed with the Trial Court that a driveway...more

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