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Prescriptive Easement

25 published works

  1. Blaneys Appeals

    COURT OF APPEAL SUMMARIES (May 15, 2023 – May 19, 2023)

    By John Polyzogopoulos

    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…

  2. 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)…

  3. Real Estate Litigation Blog

    The Colorado Supreme Court affirms Woodbridge II’s “Adverse Use” Distinction

    By Luke Mecklenburg

    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…

  4. 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…

  5. Real Estate Litigation Blog

    Woodbridge II and the Nuanced Meaning of “Adverse Use” in Hostile Property Rights Cases in Colorado

    By Luke Mecklenburg

    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…

  6. 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…

  7. Land Use Law Blog

    The Encroacher’s Mindset: “The Most Important” Factor Of An Equitable Easement

    By Glen C. Hansen

    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…

  8. Agricultural Law and Taxation Blog

    Prescriptive Easements and Adverse Possession – Obtaining Title to Land Without Paying For It

    By Roger McEowen

    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…

  9. From the Ground Up

    Neighbor Loses Right to Use Driveway: Part II

    By LeAnne Bremer

    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.…

  10. 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 Abbott & Kindermann, Inc.

    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…