News & Analysis as of

Easements Trespass

Womble Bond Dickinson

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

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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

Miller Starr Regalia

Examining The Waiver Of Recreational Immunity By Express Invitation After The California Supreme Court’s Decision In Hoffmann V....

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In 1963, the California legislature became concerned that private landowners were “bar[ring] public access to their land for recreational uses out of fear of incurring tort liability." Thus, it enacted Civ. Code, § 846 to...more

Patton Sullivan Brodehl LLP

How to Establish an Equitable Easement

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

Gray Reed

Ambiguity Foils Right of Way Agreement

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The central issue in the Texas case of Cook v. Cimarex Energy Co.: Did Cook grant Cimarex a right of way across Cook’s land to the location of two Cimarex wells. No he didn’t. Reversing the trial court, the court of appeals...more

Rivkin Radler LLP

The Title Reporter – Spring 2021

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Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •A trial court in New York has rejected a counterclaim filed against a title insurance company in a case it...more

Bricker Graydon LLP

City immune to a landowner’s trespass claim for a stormwater pipe installed without an easement

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Nan Wallace experienced cracks in the walls, foundation and chimney of her residence, which she believed were caused by blockage in a stormwater pipe that flowed beneath her driveway and garage and into her backyard. ...more

Gray Reed

Trespass But no Damages in a Texas Case

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What does it take these days to get money from a Texas jury? Not much, it seems; in XTO v. Goodwin the trick was convincing a higher court that you should keep it....more

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