Topic
Easement
193 published works
PropertyProf Blog
Two on Judicial Takings
By propertyprof
There are two new pieces on SSRN that touch on judicial takings. First, John Martinez (Utah) has posted No More Free Easements: Judicial Takings for Private Necessity. Martinez writes, "This…
Land Use Prof Blog
Rehearing–and panel discussion–on Texas Open Beaches Act
Late last week, the Texas Supreme Court granted a rehearing in Severance v. Patterson, the case decided last November holding that the Texas Open Beaches Act does not establish a…
inversecondemnation.com
Private Beaches, “Rolling” Easements – Texas Supreme Court To Rehear Severance
On a day that our attention is elsewhere, comes this important notice: the Texas Supreme Court has granted the State's motion for rehearing in Severance v. Patterson, No. 09-0378 (Nov.…
PropertyProf Blog
Easements in the News
By propertyprof
Over at Land Use Prof, Jessica Owley shines a light on a recent article from the Washington Post that discusses the trouble that easements can cause for buyers of land. …
The Appellate Strategist
When “Ocean View” Suddenly Becomes “On the Beach”: Texas Supreme Court Tackles Rolling Easements
By Vance Wittie
Under Texas law, the public has an easement to access dry beaches. This easement extends landward to the vegetation line. A recent Texas Supreme Court case examined the validity of…
Real Estate Legal Update
Who’s your neighbour? A tale of two hotels and an ‘accidental’ easement
By Shelly Hayes, Catrin McHugh
A recent case in the High Court, London Tara Hotel Limited v Kensington Close Hotel Limited, underlines the importance of careful management and monitoring of property interests, especially when rights…
Land Use Prof Blog
Introducing McKay Cunningham
We're very pleased to welcome McKay Cunningham as a guest blogger for the month of December here on the Land Use Prof Blog. McKay is an assistant professor of law…
The Faculty Lounge
Michigan Cemetery Access
Here's the latest (and here) on a case of access to a cemetery in Frankenmuth township, Saginaw County Michigan. And here's the opinion. This dispute was brewing for a while.…
Property Insurance Coverage Law Blog
A House On The Beach, Literally
If you build a house on a public beach, you might expect the state to remove it for you, but what happens if a hurricane builds a public beach on…
Land Use Prof Blog
Cunningham on Easements and the Environment
McKay Cunningham (Phoenix) has posted Oil and Water: Easements and the Environment. The abstract:The age of American environmentalism has arrived. Surveys show widespread public support for preservation policies, open spaces,…