Topic
Easement
193 published works
California Eminent Domain Report
Temporary Construction Easements: Should Condemning Entities Seek Exclusive or Shared Use?
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…
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.…
California Eminent Domain Report
What Does The Easement Say?
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…
California Eminent Domain Report
Wang v. Peletta (2025) 112 Cal.App.5th 478
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…
Agricultural Law and Taxation Blog
Rights of Landowners Seeking Access to Landlocked Agricultural Property
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…
Rural Spectrum Scanner
Appeals Court Sides with Fiber Provider in Railroad Crossing Dispute
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…
Agricultural Law and Taxation Blog
Property Rights on the Farm
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,…
Real Estate, Development, Sales and Leasing Industry Legal Blog
Duke Energy Transmission Line Easements: A Guide For Florida Property Owners
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…
Energy & the Law
When “Right of Way” Doesn’t Mean Easement
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…
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…