Topic
Prescriptive Easement
25 published works
inversecondemnation.com
Maine: On Second Thought, We Were Right When We Said That Beach Property Is Not Subject To Special Rules
Back in February, we blogged about an opinion from the Maine Supreme Court involving littoral property (that's beachfront property to all you non-lawyers and Navy people), in which the court concluded that…
Boundary Dispute Law Blog
Crites v. Koch, 49 Wn.App. 171, 741 P.2d 1005 (1987) – Re South Part – Permissive Use
By Bob Zierman
Crites v. Koch, 49 Wn.App 171, 741 P.2d 1005 (Div. III, 1987.08.06) - [Cause No. 7898-1-III] upholds the Whitman County Trial Court's decision to quiet title by adverse possession to plaintiff…
Boundary Dispute Law Blog
Crites v. Koch, 49 Wn.App. 171, 741 P.2d 1005 (1987) – Re South Part – Exclusive Use
By Bob Zierman
Crites v. Koch, 49 Wn.App 171, 741 P.2d 1005 (Div. III, 1987.08.06) - [Cause No. 7898-1-III] upholds the Whitman County Trial Court's decision to quiet title by adverse possession to plaintiff…
Pennsylvania Law Monitor
Prescriptive Easements
The old Woody Guthrie song emphatically proclaiming "this land is your land, this land is my land" could well have its roots in the concept of a prescriptive easement in…
From the Ground Up
Neighbor Loses Right to Use Driveway: Prescriptive Easement Law in Flux?
The Gamboas continuously used a driveway located mostly on the property of their neighbors, the Clarks, for over sixteen years. The Gamboas' use was open, notorious, and uninterrupted. They sincerely believed…
Land Use Law Blog
Court Strongly Reaffirms That No Prescriptive Easement Exists Where The Facts Demonstrate That The Use Of The Property Was By Permission
By Glen C. Hansen In Windsor Pacific LLC v. Samwood Co. (January 30,2013, B233514) ___ Cal.App.4th ____, the Court of Appeal for the Second Appellate District held (1) that a…
Boundary Dispute Law Blog
Permissive Use – An Equal Application for cases of Adverse Possession & Prescriptive Easement?
By Bob Zierman
Kunkel v. Fisher, 196 Wn.App 599 (Div. I 2001) is a case which does a good job of explaining permissive use. But, it is also a case which then muddies…
Boundary Dispute Law Blog
Anyone up for a Prescriptive Easement Case in Sacramento County, CA?
By Bob Zierman
I had a conversation the other day with a surveyor who's mother in Sacramento County, California has a neighbor who seeks to block her longstanding access to her roadway. In a quick 'napkin-top…
Boundary Dispute Law Blog
Open & Notorious’ Constructive Notice may be an Elemental ‘Surprise’ in Adverse Possession and Prescriptive Easement Cases
By Bob Zierman
Open & Notorious is an extremely difficult element to understand and prove (and yes, despite the required burden - disprove) in Adverse Possession and Prescriptive Easement cases. In my humble…
Land Use Law Blog
“Payment of Taxes May Be Required For A Prescriptive Easement, But Only If Defendant Can Prove The Easement Has Been Separately Assessed”
A prescriptive easement claimant does not have to show that claimant paid the taxes on a separately assessed railway easement that ran along the same land as the prescriptive easement…