Topic
Easement
193 published works
California Land Use & Development Law Report
Use it or Lose it? Not in the Case of an Easement Acquired by Deed.
A trial court did not have authority to extinguish portions of a road and utility easement notwithstanding its determination that the easement holder did not need the entire easement and…
Energy & the Law
When an Easement Isn’t What it Appears To Be
Here is Something We Know A Texas mineral estate owner has an implied easement for reasonable use of the surface estate in developing and extracting the minerals below. And a…
Nonprofit Law Prof Blog
Owley: The Future of the Past regarding Historic Preservation Easements
Jessica Owley (SUNY-Buffalo) has posted The Future of the Past: Historic Preservation Easements (Zoning Law & Practice Report, Nov. 2012) to SSRN. Here is the abstract:This brief article summarizes recent case…
Land Use Law Blog
An Express Easement Cannot Be Extinguished Merely Because A Court Thinks That The Holder No Longer Has Any Reasonable Need To Use The Easement
By Glen Hansen The Court of Appeal for the Third Appellate District held in Cottonwood Duplexes, LLC v. Barlow(November 13, 2012, C069564) ___ Cal.App.4th ___, that a trial court may…
PropertyProf Blog
L.A. Developer Ordered to Let Hikers Use Trail on His Land
By propertyprof
Mohamed Hadid, who has bult more than a dozen Ritz-Carlton hotels and lots of mega-mansions in Beverly Hills, bought 97 acres of property on a ridgeline outside of L.A. Unfortunately,…
PropertyProf Blog
Strahilevitz on Absolute v. Relative Gains in Property Law
By propertyprof
Lior Strahilevitz (Chicago) has posted Absolute Preferences and Relative Preferences in Property Law (Penn Law Review) on SSRN. Here's the abstract:This article suggests that the population is roughly divided between…
Massachusetts Land Use Monitor
Forgotten Easements Can Unlock Land Values Today
By Donald Pinto
It's been a hot summer in the world of easement law. Our appellate courts have issued three decisions which, collectively, reinforce the following important lessons: (1) easements can be created by implication, (2) once created, most easements last forever…
Massachusetts Land Use Monitor
Easement Survives Despite Not Being Located Or Used Since 1899
Last month the Supreme Judicial Court (SJC) decided Cater v. Bednarek (pdf), an important case about easements and how they can – and can't – be extinguished. The plaintiffs, the Caters, bought a…
Possessio
Landlocked Cemeteries
For insight into Kansas’ current jurisprudence regarding historic cemeteries and access thereto, see the recent Kansas Court of Appeals case, McCoy v. Barr et al., Greenwood District Court – affirmed…
The Faculty Lounge
Logic Lane Easement
St. Louis University Law Professor Eric J. Miller sent along the photo at right of Logic Lane in Oxford. There's apparently an easement in gross on it for public access…