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Easements Statute of Limitations

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Easements And Bankruptcy Standing

This week, the Court considers a property owner’s claim to an easement over a maintenance road on federal land, and casts doubt on the longstanding “person aggrieved” standing requirement in bankruptcy appeals. ...more

Ruder Ware

Easement Holders Beware: Wisconsin Easements Expire Unless Re-recorded Periodically

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Under a long-standing law in Wisconsin, those parties holding easements will need to re-record their easement rights periodically or their ability to enforce those easements will be lost. Even easements that are...more

Carlton Fields

Real Property & Title Insurance Update: Week Ending May 12, 2017

Carlton Fields on

REAL PROPERTY UPDATE: Foreclosure/Conditions Precedent: plaintiff not required to given notice under section 559.715 as condition precedent to foreclosure, and plaintiff’s default notice to borrowers pursuant to...more

Smith Anderson

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

Smith Anderson on

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

Womble Bond Dickinson

North Carolina Supreme Court Gives Easement Holders 20 Years to Challenge Encroachments

Womble Bond Dickinson on

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

Carlton Fields

Real Property, Financial Services & Title Insurance Case Law Updates

Carlton Fields on

I. FLORIDA STATE CASES - Quiet Title: deed reservation of right-of-way in favor of State, which applied only to tracts of land of 10 acres or more, did not attach to title of landowner of less than 10 acres and,...more

Snell & Wilmer

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

Snell & Wilmer on

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

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