News & Analysis as of

Easements

Mitchell, Williams, Selig, Gates & Woodyard,...

Agricultural Conservation Easements: USDA Natural Resources Conservation Service Announces Year 2025 Funding

The United States Department of Agriculture Natural Resources Conservation Service (“NRCS”) issued a September news release announcing funding for the Agricultural Conservation Easement Program (“ACEP”) for fiscal year 2025....more

Bennett Jones LLP

Not My Problem: The Maintenance of Easements

Bennett Jones LLP on

When you grant an easement over your lands to another, who has the obligation to maintain the lands and the improvements on those lands? One might argue that it is the grantor of the easement—that the owner has the obligation...more

Nossaman LLP

Podcast: Unwritten Easements Part 1 – Implied Easements

Nossaman LLP on

In the latest episode of Digging Into Land Use Law, Karla MacCary and Elinor Eizdi explore the law of implied easements, which is a murky area of the law that was made more clear by a recent California Supreme Court case that...more

Womble Bond Dickinson

Navigating Property Nuisance Litigation: Lessons from Satcher v. Columbia County on Injunctive Relief and Damage Awards

Womble Bond Dickinson on

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

Goldberg Segalla

Who Owns the Beach? A Waterfront Case in Maine Makes Waves

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As coastal erosion continues to shrink beaches, the sand that remains has become ever more valuable; and in Maine, a battle over the beach has reached the state’s highest court. In most coastal states, the intertidal land —...more

Lowndes

New Law HB 799: Easements Affecting Real Property Owned by the Same Owner

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Governor DeSantis signed HB 799 into law on June 27, 2024, impacting all developments subject to covenants or restrictions of any flavor, whether residential or commercial....more

Holland & Knight LLP

Tax Court: As to Listed Transaction, IRS Must Adhere to APA

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In the late 1990s and early 2000s, the IRS was confronted with a proliferation of corporate transactions that it viewed as aggressive tax shelters. Relying on the authority Congress delegated through Section 6011(a), the IRS...more

Davis Wright Tremaine LLP

Solving the Easement Holdout Problem

As development picks up for the summer, Washington state property owners facing easement disputes will benefit from understanding the Uniform Easement Relocation Act (UERA), 64.65 RCW, which came into effect last year....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Waterbody/Easement: South Carolina Appellate Court Addresses Dispute Over Control

The Court of Appeals of South Carolina (“Court”) addressed in a March 20th Opinion an issue involving easements granting access to or control over a body of water. See Carr Farms, Inc. and Titan Farms, LLC v. Watson, 2024 WL...more

Schwabe, Williamson & Wyatt PC

Overview of Boundary Line Disputes

What do you do when you learn the old fence that you and your neighbor thought was the correct boundary turns out to be wrong … or when you discover your house or garage has been constructed on your neighbor’s property? Such...more

Ward and Smith, P.A.

Navigating Easement Disputes in North Carolina

Ward and Smith, P.A. on

An easement is a right to make some specific use of land owned by another. Because easements involve the easement owner using land owned by someone else and because it is human nature to value and protect property, it is...more

Husch Blackwell LLP

Bridging the Gap: Caution for Developers Looking to Use Public Rights of Way for Collection and Transmission Routing

Husch Blackwell LLP on

For one reason or another, not every parcel of land originally targeted for a renewable energy project is able to be included in a final site plan. Typically, developers try to secure private easements from contiguous...more

Morrison & Foerster LLP

Drax No Longer Stopped in Its Tracks: English Court of Appeal Gives Green Light to Breach of Warranty Claim

On 8 May 2024, the Court of Appeal in Drax Smart Generation Holdco Ltd v Scottish Power Retail Holdings Ltd [2024] EWCA Civ 477 (“Drax”) handed down judgment overturning the decision of the High Court, finding that the...more

Rivkin Radler LLP

A Legal Update for the Title Insurance Industry

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Michael Heller’s, Matthew Spero’s and Lawrence Han’s Winter issue of the Title Reporter was published in the Real Estate Finance Journal. This article discusses the following court rulings and other title insurance-related...more

Cozen O'Connor

U.S. Supreme Court Revisits the Right of Local Government to Exact Permit Conditions from Developers

Cozen O'Connor on

The U.S. Supreme Court (SCOTUS) has again rejected a state's narrow interpretation of the constitutional limits on government's ability to impose development conditions. A unanimous SCOTUS ruled on April 12 in favor of the...more

Gray Reed

Texas Court Refuses to Write in a Width to a Pipeline Easement

Gray Reed on

What to do with a Texas pipeline easement that doesn’t define the width? In Premcor Pipeline Company v. Wingate they fought about it. The dispute began when Premcor wanted to run a pig through one of two pipelines on...more

Lowndes

Will Recorded Covenants Hold and Remain Binding on Successors in Title to Real Property? A Pivotal Certified Question Heads to the...

Lowndes on

Breaking news from the United States Court of Appeals for the Eleventh Circuit involving the case of RJ's International Trading, LLC vs. Crown Castle South, LLC. The court has certified a pivotal question to the Florida...more

Schwabe, Williamson & Wyatt PC

Understanding Easement Law in Washington State

This article discusses certain legal issues on how courts interpret written easements, and provides some highlights on Washington easement law. The quotations below all come from various Washington appellate and federal court...more

DarrowEverett LLP

Betting the Farm on Solar: Leasing and Due Diligence Considerations

DarrowEverett LLP on

While imagery of the American Dream used to be picturesque farm towns, robust bounties and families gathered around the table for a meal, values have shifted, and once-robust farming communities have become forgotten lands,...more

BCLP

State Specific Requirements for Wind and Solar Project Land Contracts 2024 Overview

BCLP on

In the U.S., wind and solar project development continues to increase. In fact, the Energy Information Administration (EIA) anticipates that wind and solar energy will continue to exceed electrical generation by other means....more

Holland & Knight LLP

Tax Court: Conservation Easement Proceeds Regulation Is Procedurally Invalid Under APA

Holland & Knight LLP on

In holding that that Treas. Reg. § 1.170A-14(g)(6)(ii) (Proceeds Regulation) is procedurally invalid under the Administrative Procedure Act (APA), the U.S. Tax Court abandoned its precedent in Oakbrook Land Holdings, LLC v....more

Nossaman LLP

Arizona Court of Appeals Holds Severance Damages Unavailable for Homeowners Whose Easements were Extinguished in Eminent Domain

Nossaman LLP on

The Arizona Court of Appeals recently held that members of a homeowners’ association are not entitled to severance damages to their residential parcels when common areas are condemned....more

Ruder Ware

Solar Lease Dynamics: Balancing Risks and Rewards

Ruder Ware on

The push for sustainable energy presents farmers with an intriguing opportunity: leasing their land for solar energy projects. These arrangements, known as solar leases (or easements), offer a blend of benefits and risks to...more

Snell & Wilmer

Arizona Court of Appeals Addresses Proximity Damages in State of Arizona v. Foothills Reserve Master Owners Association, Inc.

Snell & Wilmer on

On December 7, 2023, the Arizona Court of Appeals held in State of Arizona v. Foothills Reserve Master Owners Association, Inc. that 589 homeowners in an Ahwatukee subdivision were not entitled to “proximity damages” after...more

Patton Sullivan Brodehl LLP

California Supreme Court: Parties to a Real Estate Transaction Can Create Implied Exclusive Easements

In the recent case Romero v. Shih, the California Supreme Court clarified that under California law, parties to a real estate transaction may create an implied easement that effectively grants the dominant tenement exclusive...more

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