News & Analysis as of

Easements Land Titles

Williams Mullen

[Webinar] Renewable Energy Series: Site Control Issues and Real Estate Diligence for Renewable Energy Projects - June 6th, 11:00...

Williams Mullen on

Developing successful renewable energy projects begin with selecting the right project site. Securing site control using well drafted real estate contracts and conducting thorough real estate diligence can help identify...more

Snell & Wilmer

Amada Family Limited Partnership v. Pomeroy: Colorado Court of Appeals expressly affirms the continuing viability of the...

Snell & Wilmer on

On May 27, 2021, a division of the Colorado Court of Appeals issued its opinion in Amada Family Limited Partnership v. Pomeroy, 2021 COA 73. In that case, the court decided two significant issues that apparently had never...more

McGlinchey Stafford

The Bullet Point: An Ohio Commercial Law Bulletin - Did My Behavior Ratify A Contract?

McGlinchey Stafford on

Contract Ratification- Gionino’s Pizzeria Inc. v. Reynolds, 7th Dist. Carroll No. 20 CA 0940, 2021-Ohio-1289 In this matter, the Seventh Appellate District reversed and remanded the lower court’s decision, finding that...more

ArentFox Schiff

ALTA/NSPS Update the Land Title Survey Standards

ArentFox Schiff on

Effective as of February 23, 2021, the American Land Title Association (ALTA) and the National Society of Professional Surveyors (NSPS) have, once again, updated the Minimum Standard Detail Requirements for ALTA/NSPS Land...more

Eversheds Sutherland (US) LLP

Changes to 2021 ALTA Survey Standards – what you need to know

The American Land Title Association (ALTA) and the National Society of Professional Surveyors (NSPS) recently adopted revised Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys. The new standards will...more

Pierce Atwood LLP

Appeals Court Registers Objection to Superior Court Judgment Affecting Registered Land

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The Appeals Court’s decision in Johnson v. Christ Apostle Church, Mt. Bethel is a useful reminder that the Land Court’s jurisdiction over cases affecting title to registered land is exclusive. ...more

Gray Reed

Did This “Deed” Convey Fee Simple or an Easement?

Gray Reed on

BNSF v. Chevron Midcontinent LP et al. asked whether a 1903 deed granted BNSF’s predecessor a strip of land in fee simple absolute or only an easement. The result: BNSF holds only an easement. There’s more to the case than an...more

Dechert LLP

The Benefit/Burden Principle - How a Buyer of Land Could Be Required to Perform Positive Covenants Without Having Expressly Agreed...

Dechert LLP on

The recent case of Goodman and others v Elwood (2013) in the Court of Appeal shows that, where a buyer acquires the benefit of a right over neighbouring land, the buyer must also take on the obligations which relate to that...more

Snell & Wilmer

The Clock Doesn’t Tick-Tock for Owners in Possession

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The Arizona Court of Appeals recent decision in Cook v. Town of Pinetop-Lakeside, 661 Ariz. Adv. Rep. 31 (App, May 28, 2013) reiterated its forty-three year old holding in City of Tucson v. Morgan, 13 Ariz. App. 193, 195, 475...more

Miller Starr Regalia

Courts Are Without Power To Terminate Express Easements Based Upon Finding Them “Unnecessary”— Cottonwood Reins In Scruby

Miller Starr Regalia on

In November 2012, the Third District Court of Appeal decided that a trial court does not have the power to extinguish an expressly granted easement merely because in that judge’s opinion the dominant tenement does not really...more

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