Topic
Easement
193 published works
Land Use Prof Blog
Decision on Open Beaches Act / Rolling Easement case (Severance v. Patterson)
The Texas Supreme Court issued its opinion today in Severance v. Patterson, a case that the Fifth Circuit certified on questions of interpreting state property law and the Texas Open…
inversecondemnation.com
Tennessee App: No Inverse Condemnation When Utility Used Electricity Easement For Fiber Optic Cable
Not a landmark case, but one worth noting. In Mathews v. City of Chattanooga, No. E2009-01418-COA-R3-CV (Sep. 15, 2010), the Tennessee Court of Appeals rejected the property owner's claim that the…
PropertyProf Blog
What’s In Your Yard?
By propertyprof
Teaching the law of servitudes, and in particular the ubiquitous case of Van Sandt v. Royster, often brings both my students and myself to the startlingly abrupt realization that we have no…
Land Use Prof Blog
Hester & Wright on the Shifting Scope of Railroad Easements
Jeffrey Hester (William J. Tucker & Assocs.) and Danaya C. Wright (Florida) have posted Pipes, Wires, and Bicycles: Rails-to-Trails, Utility Licenses, and the Shifting Scope of Railroad Easements from the…
Land Use Prof Blog
Easements & Beach Renourishment on the Jersey Shore
You wouldn't know it from watching TV over the last year, but the Jersey Shore isn't just about Snookie and "The Situation" and their boozy boardwalk-and-nightclub lifestyle as displayed on the…
PropertyProf Blog
Of Easements, Trespass, and Fences in the Street
By propertyprof
The St. Petersburg Times ran a story last week that presents some interesting issues related to the law of easements, private rights of way, and trespass. Apparently, a disagreement among…
PropertyProf Blog
Martha’s Vineyard Easements
By propertyprof
Thanks to Mary Sarah Bilder for pointing out this great story from the Boston Globe on a recent decision preserving easements on Martha's Vineyard (or perhaps as my Massachusettes relatives…
Federal Eminent Domain Blog
When a gas pipeline easement must stay an easement
Star Telegram Several southeast Arlington residents say they fear for their safety — and their property values — after learning about a natural gas pipeline that will run behind their…
Renewable + Law
North Dakota Legislature Addresses Wind Leases, Easements and Options
In its final days of session, the North Dakota legislature passed a bill creating certain requirements for leases or easements for wind energy development that are entered into in the state. The bill's requirements for wind…
New Jersey Law Blog
How Restrictive Covenants May Affect Your Property
Most transfers of title to real estate are made subject to "easement and restrictions of record, if any." Easements may be varied, but usually involve access rights for utilities, or…