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Topic

Easement

193 published works

  1. California Eminent Domain Report

    Temporary Construction Easements: Should Condemning Entities Seek Exclusive or Shared Use?

    By Jillian Friess Leivas

    Temporary Construction Easements: Should Condemning Entities Seek Exclusive or Shared Use?During Nossaman’s recent webinar, An Introduction to the Right of Way Acquisition and Condemnation Process, an attendee raised a practical…

  2. Colorado Construction Litigation

    One Building, Six Owners, One Defective Stucco System: How Do You Coordinate Repairs?

    By David McLain

    Colorado’s new right-of-access statute may help address one of the unintended consequences of individually owned townhome developments, but it does not solve every problem associated with repairing interconnected building systems.…

  3. California Eminent Domain Report

    What Does The Easement Say? 

    By Bradford Kuhn

    Some of the biggest real estate disputes I’ve handled have started with a document that may be only a few paragraphs long: an easement. Easements are everywhere. Utilities use them…

  4. California Eminent Domain Report

    Wang v. Peletta (2025) 112 Cal.App.5th 478

    By Mitchell Norton

    Wang v. Peletta (2025) 112 Cal.App.5th 478In Wang v. Peletta, the California Court of Appeal held that property owners cannot acquire a prescriptive easement to maintain an encroaching structure if…

  5. Agricultural Law and Taxation Blog

    Rights of Landowners Seeking Access to Landlocked Agricultural Property

    By Roger McEowen

    Overview Access to agricultural land can be just as important as title to the land itself. A ranch may be privately owned, but if the owner lacks legally enforceable vehicle…

  6. Rural Spectrum Scanner

    Appeals Court Sides with Fiber Provider in Railroad Crossing Dispute

    By Stephen Sharbaugh

    The U.S. Court of Appeals for the Seventh Circuit has affirmed dismissal of claims brought by CSX Transportation, Inc. against Zayo Group, LLC. The court says railroads can’t charge fiber…

  7. Agricultural Law and Taxation Blog

    Property Rights on the Farm

    By Roger McEowen

    Overview Property rights are fundamental to farming and ranching. But what those rights actually include (and how secure they are) can become complicated when family disputes, government regulation, utility easements,…

  8. Real Estate, Development, Sales and Leasing Industry Legal Blog

    Duke Energy Transmission Line Easements: A Guide For Florida Property Owners

    By Jimerson Birr

    If a land agent has contacted you about Duke Energy transmission line easements, the offer in your hand is a starting number, not a final one. Duke Energy Florida, LLC…

  9. Energy & the Law

    When “Right of Way” Doesn’t Mean Easement

    By Charles Sartain

    Co-author: Gunner West The words of an instrument conveying real property in Texas mean something, of course. But so does the placement of those words ... which leads to the…

  10. Texas Oil and Gas Attorney Blog

    Easement by Estoppel Addressed by Texas Supreme Court

    By Aimee Hess

    In Boerschig v. Rio Grande Electric Cooperative, the Texas Supreme Court addressed two questions: 1) what are the elements of an easement by estoppel; and 2) what is the scope of…