Topic
Easement
193 published works
In Solvency
Easement Held to be an In Rem Property Interest Subject to Section 363 Sale
In the decision of In re Metroplex on the Atlantic, LLC, 545 B.R. 786 (Bankr. E.D.N.Y. 2016), the United States Bankruptcy Court for the Eastern District of New York held that…
Delaware Bankruptcy Update
Easement Held to be an In Rem Property Interest Subject to Section 363 Sale
In the decision of In re Metroplex on the Atlantic, LLC, 545 B.R. 786 (Bankr. E.D.N.Y. 2016), the United States Bankruptcy Court for the Eastern District of New York held that…
From the Ground Up
Lack of Evidence of Prior Use Not Fatal to Implied Easement Claim
On August 10, 2016, the Oregon Court of Appeals issued a decision on an implied easement claim, finding that the lack of evidence regarding the use of the easement before…
Land Use Prof Blog
Conservation Easements and Prescription
Here's an Alabama case that likely escaped most people's attention: Quinn v. Morgan (am I the only one entertained by the fact that these are now two trendy kid names) from…
Land Use Prof Blog
Condemning Easements on a Conservation Easement in Kentucky
A unpublished Kentucky case on conservation easements highlights a bunch of things I have been grappling with lately. Thought I'd check in with our readers to see if anyone else…
Legal Secrets
Representative Cases
Representative Cases and Clients of Simkin & Assoc. (This is a sample of some of the thousands of cases handled.) Quiet Title Prescriptive Easement Quiet Title unclear deed description Partition…
Land Use Law Blog
Seminar on Boundary Disputes, Adverse Possession, Easements and Conflicting Surveys
Glen Hansen will be speaking at the “Boundaries and Easements” seminar on March 10, 2016, in Sacramento, California, hosted by HalfMoon Education Inc. For more information, please click here to…
Keeping It Real Estate
More leisure time for timeshare owners
By Jane Dockeray, Ingrid Stables, Ben Willis
Timeshare owners of Elham House in Canterbury will celebrate a recent High Court decision confirming that you can grant a binding property right (easement) to use facilities such as a…
Boundary Dispute Law Blog
Do You Believe in Miracles?
By Bob Zierman
"Just when you think you've seen everything ... you haven't." Unless my memory is failing that is what favorite sports announcer NBC's Al Michaels [1] said about Russell Wilson's turn…
Nonprofit Law Prof Blog
Gemperle v. Comm’r—Tax Court Denies Deduction for Façade Easement Donation for Failure to Include Appraisal In Tax Return Filing
In Gemperle v. Comm’r, T.C. Memo. 2016-1, the Tax Court sustained the IRS’s disallowance of deductions claimed with regard to the donation of a façade easement because the taxpayers, a married…