Topic
Prescriptive Easement
25 published works
Land Use Law Blog
Exclusive Prescriptive Easements “No”; Equitable Easements: “Maybe”
By Glen C. Hansen Civil litigation involving boundary disputes often includes legal questions about whether one neighbor has the right to use the property of another neighbor for driveway, parking,…
Land Use Law Blog
Long-time Debate Over Presumptions in Prescriptive Easement Cases Settled by Second Appellate District
By Cori Badgley In the area of prescriptive easements, courts and practitioners have been challenged by the issue of who has the burden to prove "adverse use." "The elements necessary…
Land Use Law Blog
Open Hostility: Validating Prescriptive Easements
By William W. Abbott The case of Brewer v. Murphy (Court of Appeal, Fifth Appellate District, Case No. F051700) involved three riparian owners and a dispute over a spring box…
PropertyProf Blog
Prescriptive Easement Beach Access Case From My Hometown
By propertyprof
From the Boston Globe:In a case that may send legal ripples across the South Shore, some Hingham homeowners have won the right to use a crescent-shaped sliver of beach, defeating…
Real Estate, Land Use & Environmental Law Blog
Coastal Commission Can’t Deny Permit Because of “Potential” Prescriptive Public Access Rights
LT-WR, L.L.C. v. California Coastal Commission et al, No. B187666 (Cal. Ct. App., 2d Dist. May 25, 2007) By Jeffrey W. Forrest The Second District Court of Appeal of California…