Topic
Prescriptive Easement
25 published works
Blaneys Appeals
COURT OF APPEAL SUMMARIES (May 15, 2023 – May 19, 2023)
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions Good afternoon. Following are this week's summaries of the Court of Appeal for Ontario for the week of…
California Real Estate Lawyers Blog
Prescriptive Easement on Property Held By a Tenant – When it Works Against the Actual Owner
By Law Office Of James J. Falcone
Under California real estate law a prescriptive easement requires the trespasser showing that they have used the property “for the statutory period of five years, which use has been (1)…
Real Estate Litigation Blog
The Colorado Supreme Court affirms Woodbridge II’s “Adverse Use” Distinction
By: Luke Mecklenburg Last year, I posted regarding the Colorado Court of Appeals’ decision in Woodbridge II, which concluded that the “adverse use” element for prescriptive easement claims only requires…
The "Appellate Gourmet (c)"
Prescriptive easements, wrongful death, contracts and green curry lentil soup with shaved coconut
By lawladyappellategourmetappealsinflorida-blogspot
Appeals -- Jurisdiction -- District court -- Appeal from nonfinal order of county court ordering arbitration in small claims litigation and staying action until arbitration was completed, which appeal was…
Real Estate Litigation Blog
Woodbridge II and the Nuanced Meaning of “Adverse Use” in Hostile Property Rights Cases in Colorado
Earlier this year, the Colorado Court of Appeals issued an opinion addressing at length “whether the requirement that the use be ‘adverse’ in the adverse possession context is coextensive with…
Zalma on Insurance
Insurance Fraud Conviction Helps Establish Lack of Credibility
By Barry Zalma
Prescriptive Easement Established by Fraudulent Testimony of Defendant An New York trial court, after finding that defendant’s credibility was called into question by inconstancies in his testimony and a felony…
Land Use Law Blog
The Encroacher’s Mindset: “The Most Important” Factor Of An Equitable Easement
Hansen v. Sandridge Partners, L.P. (2018) 22 Cal.App.5th 1020 A. An Equitable Easement Is Often Sought Where A Prescriptive Easement And Adverse Possession Are Not Available. An oft-repeated scenario in…
Agricultural Law and Taxation Blog
Prescriptive Easements and Adverse Possession – Obtaining Title to Land Without Paying For It
OverviewNormally land is acquired in a transaction where a buyer pays a sum to buy the property and obtain legal title to it. However, if a person without legal title…
From the Ground Up
Neighbor Loses Right to Use Driveway: Part II
Last year, we wrote about the Gamboa v. Clark case, in which Division III of the Washington State Court of Appeals set a high bar for proving the existence of prescriptive easements.…
Land Use Law Blog
Statutory Prohibition Against Acquiring Public Recreation Easements By Prescription Does Not Apply Where The Easement Is Used By Private Persons To Access Their Own Property That They Use For Recreational Purposes
By Glen C. Hansen In Pulido v. Pereira (2015) 234 Cal.App.4th 1246, the Court of Appeal for the Third Appellate District held that the prohibition for a public recreational easement…