Topic
Easement
193 published works
Association Alert
This Land Is My Land, this Land is Your Land – Owner Loses Ownership of Land After Denying It Was Part of His Lot
Summary The Court of Appeals of Washington held that a lot owner was barred from claiming ownership of a strip of land after representing that the land was part of…
Mineral Law
Alaska Suspends Fees for Easements, Rights-of-Way, and Mining Leases
By Ramona Monroe, Shannon Bleicher
State of Alaska Governor Mike Dunleavy has issued COVID-19 Disaster Order of Suspension No 2, suspending a long list of statutory and regulatory provisions. The list of suspended statutes includes…
Massachusetts Land Use Monitor
It’s Spring and Our Thoughts Turn to … Beach Easements!
Our former colleague and now Land Court Judge Robert Foster recently decided Neily v. Gray. That case concerns the rights of various owners in Lydia’s Island Road, a private way…
Land Use Law Blog
A Property Owner That “Attempted To Do Equity” But Nevertheless Fails To Show That She Is “Innocent” Is Not Entitled To An Equitable Easement.
Ranch at the Falls LLC v. O'Neal (2019) 38 Cal.App.5th 155 In Ranch at the Falls LLC v. O'Neal (2019) 38 Cal.App.5th 155, a plaintiff ranch owner sought to quiet…
Municipal Minute
Property Owner Failed to File Lawsuit Within One Year
In 2007, in conjunction with an IDOT right of way project, a municipality relocated a fire hyrdrant on private property. In 2011, the property owner contacted the municipality demanding $2500…
A Lawyer's Blog
AN EASEMENT GROWS IN BROOKLYN
Aboulissan v Kingsland 79, LLC, 2020 NY Slip Op 00393, Decided on January 22, 2020, Appellate Division, Second Department:"In 1986, the plaintiff purchased real property located at 241 79th Street…
Agricultural Law and Taxation Blog
“Slip Slidin’ Away” – The Right of Lateral and Subjacent Support
OverviewI have published articles on this blog on prior occasions concerning easements. In those posts, I have noted that an easement can either be affirmative (entitling the holder to do…
Association Alert
HOAs Unite! Developer’s Easement Rights are Not Never-Ending
Developers of condominium communities and HOAs often reserve access easement rights within the Declaration/Deed Restrictions for the subdivision, especially when the Developer owns yet-undeveloped neighboring property. But what happens if…
Jane's Law Blog
Decisions – MSSC – 8/8/2019
By Jane Tucker
Hand down list Mississippi Sand Solutions, LLC v. Bessie Otis, et al. – trespass – Mississippi Sand Solutions (M had been hauling gravel and sand off its property via a…
A Lawyer's Blog
LICENSE TO ENTER ADJOINING PROPERTY GRANTED
RPAPL 881 provides:When an owner or lessee seeks to make improvements or repairs to real property so situated that such improvements or repairs cannot be made by the owner or…