Law School Toolbox Podcast Episode 319: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land
Bar Exam Toolbox Podcast Episode 149: Listen and Learn -- Negligence: Duties of Landlords, Owners, and Possessors of Land
Bar Exam Toolbox Podcast Episode 122: Listen and Learn -- Easements (Real Property)
Newsflash: Rockweed Not a Fish
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
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
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
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
On January 25, the Washington Supreme Court decided that title to a corridor of shorelands along Lake Sammamish vested in the property owners instead of King County. The case involved interpretation of Washington’s...more
Yesterday, the Court of Appeals of Virginia addressed key requirements to prove, and rebut, the existence of an easement by prescription in Boxley v. Crouse, Record No. 0183-23-3. ...more
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
The Circuit Court of Gloucester County recently granted temporary injunctive relief to the owners of a dominant estate of an easement. In Lineberry v. Andruiulli, Case No. CL22-1192 (Gloucester Cty., Dec. 16, 2022), the Court...more
NOT NECESSARILY! Owners of adjoining lots in subdivisions often decide to combine them for a variety of reasons. But, in a planned community governed by an owners' association, the owner may have to obtain consent to combine...more
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
The Second District Court of Appeal’s decision in Canyon Vineyard Estates I, LLC v. DeJoria sidesteps several potentially troublesome conveyancing issues by focusing on the statutory authorization for “conservation easements”...more
The language in conveyance and real estate documents impacts the type of property interests that are created and conveyed and defines the scope of those interests. The importance of documentary language was crucial in a...more
The Pennsylvania Fish and Boat Commission (the “Commission”) recently announced that it is looking for Pennsylvania landowners with stream frontages to enter into conservation easement agreements in exchange for a one-time...more
While the Idaho legislature has been making it harder to lose real property rights through carelessness or inaction, the Idaho Supreme Court has been making it easier. In Idaho, and most other states, it has long been the law...more
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •A Delaware trial court has ruled that plaintiffs suing a title insurer for breach of a title insurance policy...more
Easements are a right to enter and use land that may transfer with the ownership of the land. Easement issues usually arise when one property owner makes improvements on his or her property without first surveying the...more
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •An appellate court in California has ruled that the state’s Quiet Title Act insulated a third party from the...more
Most professionals in the right-of-way industry are generally aware that partial acquisitions may entitle a property owner to receive compensation not only for the value of the land taken, but also for any damages caused to...more
Promissory Estoppel- Faith Lawley, LLC v. McKay, 12th Dist. Warren No. CA2020-08-052, 2021-Ohio-2156- In this appeal, the Twelfth Appellate District affirmed the trial court’s decision, agreeing that there was no...more
The Texas Legislature recently approved five bills that will impact eminent domain matters throughout the state. HB 2730- HB 2730 was signed by Governor Greg Abbott on June 16, 2021, and goes into effect on January 1,...more
A California Court of Appeal held that longstanding use of a landowner’s property for access and parking by residents of the adjacent lot had established a prescriptive easement. Husain v. California Pacific Bank, 61...more
Owning a piece of land without any means of accessing it is akin to owning a car without the keys. While the absence of access to land, like the absence of keys to a car, does not have any impact on the fact of ownership, it...more
In this episode of Digging Into Land Use Law, Nossaman Real Estate partners Simon Adams and Karla MacCary get down and dirty and into the weeds of the rights of land owners that are impacted by easements. It can be important...more
Welcome back to the Bar Exam Toolbox podcast! Today, in an episode of our "Listen and Learn" series, we're discussing easements, which is one of the more common Real Property topics on bar exam essays. In this episode, we...more
The Upper Tribunal has, reluctantly it is fair to say, found that telecoms operators in situ under agreements granted under the old Code but which expired before the new Code came into force have no Code protection and are...more