Topic
Easement
193 published works
Adam Leitman Bailey's Blog
Terminating An Easement in 2021
On July 1st, Governor Cuomo signed a bill allowing the implementation of a new method of protecting land after the Town of Guilderland was granted the power to dole out…
A Lawyer's Blog
A PROPERTY DISPUTE OVER AN EASEMENT RESOLVED THROUGH CONTRACT INTREPRETATION
Friends of Wickers Cr. Archeological Site, Inc. v Landing on the Water at Dobbs Ferry Homeowners Assn., Inc., 2021 NY Slip Op 05548, Decided on October 13, 2021, Appellate Division,…
Agricultural Law and Taxation Blog
Tax Issues Associated With Easements
OverviewRural landowners often receive payment from utility companies, oil pipeline companies, wind energy companies and others for rights-of-way or easements over their property. The rights acquired might include the right…
A Lawyer's Blog
NEIGHBOR DISPUTES – EASEMENTS BY ADVERSE POSSESSION?
Rogers v. Melchiorre, Date filed: 2021-09-28, Court: Supreme Court, Broome, Judge: Justice Eugene Faughnan, Case Number: EFCA2017002497:This matter is before the Court to resolve competing summary judgment motions. Defendant, Pietro…
Energy & the Law
New Mexico Solar Developer Fails to Establish Prescriptive Easement
Co-author David Leonard McFarland Land & Cattle, Inc. v. Caprock Solar I, LLC considered what is the required under New Mexico law to establish a public prescriptive easement, and brings…
Association Alert
Driveway Easement and Boat Slips – Expensive Fighting
By Daniel Miske
Two of the three lot owners in a subdivision had a dispute over a driveway easement and boat slips. Lot 2 was contracted to be sold first and it included…
Long Island Land Use and Zoning
Right-Of-Way Width – Not Set In Stone
Determining the width of a right-of-way may be more difficult than you think, even when the dimensions are specifically defined. New York courts take the approach that elevates the right…
Municipal Minute
Court Finds Daycare May Have Prescriptive Easement Against Village
Ian and Eva James have operated a daycare in Bensenville since 1989. The daycare building sits immediately south of the Soo Railroad Line. The Railroad owns a strip of land…
California Land Use & Development Law Report
Grantees’ Use of Easement Property for Parking Exceeded Scope of Rights Reserved in Easement Deed
By Perkins Coie
The court of appeal held that a secondary easement right exists only to the extent necessary to effectuate the principal easement described in the document creating the principal easement. Pear…
California Land Use & Development Law Report
Neighbor’s Continued Use of Landowner’s Property for Access and Parking Following Division of Lots at Trustee Sale Established Prescriptive Easement
By John Morris
A California Court of Appeal held that longstanding use of a landowner’s property for access and parking by residents of the adjacent lot had established a prescriptive easement. Husain v.…