Bar Exam Toolbox Podcast Episode 122: Listen and Learn -- Easements (Real Property)
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
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
When it comes to risk mitigation for property investors, title insurance may be the best kept secret in the industry. While the concept of title insurance is well known and most investors understand the basic coverage offered...more
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
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
Feeling entitled, or deserving or just plain covetous? You have discovered that you are encroaching on your neighbor's property. In California, two inconsistent doctrines can apply to allow you to continue using your...more
A trial court in New York has ruled that a title insurance policy excluded coverage of claims against the insured for easements implied by law. The Case As the court explained in its decision, in April 2014, 1267 Rogers...more
Title insurance is issued using standardized forms of policies and endorsements. The most commonly used forms for commercial properties are those promulgated by the American Land Title Association (ALTA), a nationwide title...more
On August 19, 2016, the North Carolina Supreme Court issued a decision that will benefit all companies that own easements. Patrolling easements and clearing them of vegetation and structures can be very costly, but the...more
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