Topic
Easement
193 published works
California Real Estate Lawyers Blog
Doctrine of Merger in California Real Estate – Owning adjoining parcels may eliminate an easement on one, but not always
By Law Office Of James J. Falcone
The Doctrine of Merger in California real property law provides that when a greater and lesser estate are vested in the same person, the lesser estate may merge into the…
The Massachusetts Real Estate Law Blog
SJC Gives Country Club A Mulligan From $5 Million Jury Award In Errant Golf Ball Case
High Court Rules That Trial Judge Improperly Instructed Jury On Golf Course Property Easement, Covenants and Restrictions Credit: Boston Globe In a case which has received national attention and a…
Notice of Appeal
Idaho Supreme Court Update: <em>Latvala v. Green Enterprises, Inc.</em>
By Christopher Pooser, Andrea Carone, Cory Carone
The facts. This case was previously before the Idaho Supreme Court in Latvala v. Green Enterprises, Inc., 168 Idaho 686, 485 P.3d 1129 (2021) (Latvala I). It concerns the scope…
Canadian Lawyer Mag
BC Court of Appeal rejects strata lot owner’s plea for easement over limited common property
While 'unfair,' the strata plan prevented the doctrine of proprietary estoppel from applying
California Real Estate Lawyers Blog
Easements for Road Use – When the Owner Can Can Make Improvements on the Unused Portion of the Easement
By Law Office Of James J. Falcone
Easements for road purposes are common in California. But what happens when the width of the granted easement is far greater than the road actually used by the easement holder?…
California Real Estate Lawyers Blog
Easements for Road Access – Is Parking Necessarily Included?
By Law Office Of James J. Falcone
What if you had an easement to place roads across property to access your own, and you then developed your property into a shopping center. Could you include parking spaces…
A Lawyer's Blog
ADVERSE POSSESSION OR NEIGHBORLY ACCOMMODATION
CJA REALTY HOLDINGS, LP v. 14 PHILA ST. LLC, 2022 NY Slip Op 4208 - NY: Appellate Div., 3rd Dept. 2022:"...An easement created by grant may be extinguished by adverse…
Beyond Telecom Law Blog
Using Electric Utility Easements for Broadband
By Casey Lide, Thomas B. Magee
With tens of billions of dollars being made available for rural broadband infrastructure projects, electric utilities – including rural electric cooperatives, publicly owned power companies, and investor owned utilities –…
California Land Use & Development Law Report
Court Upholds Equitable Easement Between Neighbors in Property Line Dispute
The court reversed a decision to grant an implied easement between two homeowners but upheld granting an equitable easement. Romero v. Shih, 78 Cal. App. 5th 326 (2022). The two…
Agricultural Law and Taxation Blog
Recent Court Cases of Importance to Agricultural Producers and Rural Landowners
OverviewFarmers, ranchers and other rural landowners face many legal and tax issues on a daily basis. The type of legal issues varies, and some are cyclical. Others seem to repeat…