Bob s: Relevant Factors (p. 538)
|
|
- Lindsey Poole
- 5 years ago
- Views:
Transcription
1 Eversole to Parman deed for Bob s store parcel did not grant Parman an express easement over parking lot Should the court have implied such an easement, based on prior use of parking lot by the Parmans and Weavers, when they were tenants? Bob s: Relevant Factors (p. 538) Whether the claimant is grantor or grantee of the would-be dominant land (why does this matter?) Extent of necessity to the claimant Whether reciprocal benefits accrue to both grantor and grantee Manner in which land was used prior to the conveyance (i.e., was prior use continuous?) Whether prior use was known to the parties (i.e., was it apparent?) 1
2 Some courts will imply an easement more readily by grant than by reservation. Why? Analogous to contract rule of interpretation that ambiguity is construed against drafter of contract (grantor is typically the drafter, and could easily have reserved express easement in his/her favor) In this case, though, the Eversoles drafted the deed (easement would arise by grant); no reason to construe deed against the Parmans Prior use was apparent, had been continuous, and was reasonably necessary for enjoyment of store parcel (no on-street parking on Main Street) But, says Court: an easement would only benefit the Eversoles as long as the servient parcel remained a parking lot; implying easement would impede future development of that parcel Court shouldn t readily assume or infer that the Eversoles agreed to that burden 2
3 Of course, when deeding the store parcel to the Parmans in 1971, if the Parmans were to have an easement over the parking lot, the Eversoles might have obtained a higher sale price from the Parmans Parking/access right, if good for customers, could enhance value of business/store parcel If so, wouldn t that premium be the reciprocal benefit associated with the easement? One view: yes, courts shouldn t readily imply easements Implying easements encourages shoddy deal documentation (parties should be clear/careful) Due to potential burden on servient land, ambiguity should be resolved against implication Who is harmed if we imply easements too generously? Is Bob s Correct? 3
4 Possibly harmed parties: (1) The Eversoles: if they didn t intend an easement to arise, they might not have received a premium from the Parmans when they sold them the store parcel (2) The Weavers: if they didn t realize the parking lot was subject to an implied easement, they might have overpaid for it (thinking there was no easement) But on the evidence here, neither the Eversoles nor the Weavers were actually harmed or misled Parmans didn t have an implied easement, so their use of the parking lot was only permissive (by license ), and licenses are generally revocable But, court says that Weavers were estopped from revoking [p. 551]. Does that make sense? Licenses and Easement by Estoppel 4
5 Rationale: the Parmans detrimentally and reasonably relied on the silence of the Eversoles when they built the rear entrance to their store and continued using the parking lot parcel for customer access Further, they will suffer irreparable harm (inability to recoup their expenses) if Weavers can now revoke How could Parman s reliance be reasonable, if Parman didn t have an express easement? Whether the Parmans reliance is reasonable is a contextual judgment E.g., maybe the Parmans thought (wrongly) that an easement had been created, but they didn t realize it had been omitted (inadvertently or intentionally) from the deed Also, the Weavers can hardly argue that the Parmans acted unreasonably, when Weavers did the very same thing when they bought their store (and behaved the same way)! 5
6 The London, KY Weaver s Hot Dogs Fire (Feb. 2, 2015) 6
7 Easement Scope Issues Who has to maintain an easement (or pay costs of maintenance)? When is use of an easement excessive? Can an easement be divided? Can the owner of the servient land relocate the easement if the easement holder objects? Suppose Charles Clayton (the servient owner in Alft) had graded and resurfaced his driveway after storm damage, at a cost = $2,500 He then sent his sister Gracie (the owner of the dominant estate) a bill for $2,500 Does Gracie have to pay it? 7
8 If agreement establishes explicit terms, it controls, but the Alft easement document was silent [p. 530] Default rules in case of silence: If the use is shared w/ the servient landowner, then the duty to maintain is also shared If use is not shared (easement holder is only user), then the duty rests solely on the easement holder Gracie would have to pay ½ of the bill attributable to shared portion of the driveway) 8
9 If the document creating the easement explicitly addresses the ability of the utility company to remove/trim trees (and extent of removal/trimming), the document controls The company could cut this tree down altogether, if the easement agreement so permitted If the document is silent (or there is no document, e.g., if the easement is prescriptive), then the ability of the utility company to trim trees is governed by the rule of reason Easement holder can make a reasonable use of servient estate, but can t unreasonably interfere with servient owner s possession and enjoyment Servient owner can enjoin unreasonable use (and/or recover damages for actual harm caused by it) Servient owner cannot unreasonably interfere with easement holder s use Easement holder may enjoin an unreasonable interference (and/or recover actual damages) 9
10 Suppose F owns a parcel of land, and has an easement of access over S s neighboring land F dies, F s children divide the parcel into 2 lots Does each lot have the benefit of the easement over S s neighboring parcel? Divisibility of an Easement Division of Appurtenant Easement Ordinarily, an appurtenant easement is appurtenant to the entirety of the dominant parcel Thus, if it is divided, presumptively each portion of the dominant parcel would be entitled to enjoy the easement over the servient estate Q: would use of easement by two persons involve an unreasonable increase in the burden on servient estate? 10
11 Same facts, but now suppose that F decides to subdivide the parcel and build 100 singlefamily homes Would each of those homeowners also get the benefit of the easement over S s neighboring parcel? Why or why not? Divisibility of an Easement 11
A Deep Dive into Easements
A Deep Dive into Easements Diane B. Davies, John A. Lovett, James C. Smith I. Introduction Easements are ubiquitous in the United States. They serve an invaluable function. They allow persons and property
More informationInsuring Easements Prepared By: Stewart J. Skip Sacks, Virginia State Counsel Stewart Title Guaranty Company
Insuring Easements Prepared By: Stewart J. Skip Sacks, Virginia State Counsel Stewart Title Guaranty Company I. Overview of Easements (10 min) A. Definition An Easement is an interest in land owned by
More informationPAYMENT FOR AND EXTINGUISHMENT OF EASEMENTS: SPECIAL ISSUES. UTAH STATE BAR SUMMER CONVENTION Snowmass, Colorado
PAYMENT FOR AND EXTINGUISHMENT OF EASEMENTS: SPECIAL ISSUES UTAH STATE BAR SUMMER CONVENTION Snowmass, Colorado Friday, July 18, 2014 11:30 a.m. RUSSELL A. CLINE Presenter CRIPPEN & CLINE, P.C. 10 South
More informationEasements, Covenants and Profits à Prendre Executive Summary
Easements, Covenants and Profits à Prendre Executive Summary Consultation Paper No 186 (Summary) 28 March 2008 EASEMENTS, COVENANTS AND PROFITS À PRENDRE: A CONSULTATION PAPER EXECUTIVE SUMMARY 1.1 This
More informationEasements. A Panel Discussion of Particular Problems & Solutions
Easements A Panel Discussion of Particular Problems & Solutions (a/k/a there are two ways to handle easements, the right of way, and the wrong of way.) Drake Real Estate Seminar March 23, 2018 Panel Members
More informationI Am Not Your Attorney.
By Jeffery N. Lucas Professional Land Surveyor Attorney at Law 2002 2016 All Rights Reserved Lucas & Company, LLC DISCLAIMER I Am Not Your Attorney. This seminar is not intended to provide you with legal
More informationEasements. Mischa Boardman Zausmer, August & Caldwell PC
Easements Mischa Boardman Zausmer, August & Caldwell PC Zausmer, August & Caldwell, PC Michigan litigation firm Specialize in Commercial, Business and Real Estate law Leading law firm representing Condemning
More informationDrafting Easement Agreements Practical Considerations & Potential Pitfalls
Drafting Easement Agreements Practical Considerations & Potential Pitfalls Paul G. Carey Dickenson, Peatman & Fogarty 1455 First Street, Suite 301 Napa, California 94559 (707) 252-7122 pcarey@dpf-law.com
More informationProperty, Servitudes/Easements- pp November 6, 2006 Crusto s Socratic Dialogue. 1. Please provide an Analytical Overview of the Topic.
Property, Servitudes/Easements- pp. 667-677 November 6, 2006 Crusto s Socratic Dialogue 1. Please provide an Analytical Overview of the Topic. This is the last topic we will cover for the semester: the
More informationBARBARA BEACH OPINION BY v. Record No JUSTICE DONALD W. LEMONS FEBRUARY 27, 2014 JAY TURIM, TRUSTEE, ET AL.
PRESENT: All the Justices BARBARA BEACH OPINION BY v. Record No. 130682 JUSTICE DONALD W. LEMONS FEBRUARY 27, 2014 JAY TURIM, TRUSTEE, ET AL. FROM THE CIRCUIT COURT OF THE CITY OF ALEXANDRIA Lisa B. Kemler,
More informationPresent: Kinser, C.J., Lemons, Goodwyn, Millette, and Mims, JJ.
Present: Kinser, C.J., Lemons, Goodwyn, Millette, and Mims, JJ. MCCARTHY HOLDINGS LLC OPINION BY v. Record No. 101031 JUSTICE S. BERNARD GOODWYN September 16, 2011 VINCENT W. BURGHER, III FROM THE CIRCUIT
More informationTitle Example. Cure of Title Defect and Tender. When Tender Is Excused: Review. Closing and Tender
Buyer s duty to pay purchase price and Seller s duty to deliver deed are concurrent conditions One party ordinarily can t sue to enforce a contract to purchase/sell land unless that party tenders performance
More informationThe Recording System. Recording Act. Applying the Recording Acts
The Recording System Validly delivered deed is effective between grantor and grantee, even if unrecorded, but To be effective vs. reliance 3d parties, deed must be recorded Questions How do recording acts
More informationIN THE COURT OF APPEALS OF IOWA. No / Filed February 23, Appeal from the Iowa District Court for Wapello County, Michael R.
IN THE COURT OF APPEALS OF IOWA No. 1-087 / 10-0949 Filed February 23, 2011 MARGARET ELLIOTT, Plaintiff-Appellant, vs. WAYNE JASPER, Defendant-Appellee. Appeal from the Iowa District Court for Wapello
More informationThe Use of Negative Easements To Facilitate Construction Projects
The Use of Negative Easements To Facilitate Construction Projects John D. Schwarz Jr., JD California State University, Chico Chico, CA This paper discusses the use of negative easements to facilitate construction
More informationLEAVE & LICENSE LEASE AND POWER OF ATTORNEY REAL ESTATE SUMMIT 2016
LEAVE & LICENSE LEASE AND POWER OF ATTORNEY LEAVE & LICENSE AGREEMENT Section 52 of Indian Easement Act, 1882 defines License. A Leave and License Agreement is granting rights to the licensee to enjoy
More informationWelcome to the Easement Webinar Call-In Number for audio: Conference Code:
Welcome to the Easement Webinar Call-In Number for audio: 1.866.422.4457 Conference Code: 2113365039 Easement Issues Ellen Kreifels BLANKENAU WILMOTH JARECKE LLP ellen@nebenergylaw.com christina@aqualawyers.com
More informationAn easement is an incorporeal hereditament, an interest which does not give the owner right to physical possession.
Easement An easement is a right which the owner of land (known as dominant tenement) has over another land (servient tenement) to compel the owner of servient tenement to allow something to be done on
More information2018 Thomson Reuters. No claim to original U.S. Government Works. 1
KeyCite Yellow Flag - Negative Treatment Distinguished by Phelan v. Rosener, Mo.App. E.D., February 28, 2017 473 S.W.3d 233 Missouri Court of Appeals, Eastern District, Division Two. Peter H. Love, 7701
More informationPresent: Carrico, C.J., Compton, Stephenson, Whiting, 1 Hassell, and Keenan, JJ.
Present: Carrico, C.J., Compton, Stephenson, Whiting, 1 Hassell, and Keenan, JJ. Lacy, RICHARD F. DAVIS, ET AL. v. Record No. 941971 OPINION BY JUSTICE ELIZABETH B. LACY September 15, 1995 JOHN T. HENNING,
More informationLesson 5: Encumbrances. Encumbrances. Real Estate Principles of Georgia. Encumbrances. Financial vs. Non-financial
Real Estate Principles of Georgia Lesson 5: Encumbrances 1 of 64 105 Encumbrances Encumbrance: A nonpossessory interest in real property held by someone other than the owner. Does not give ownership or
More informationLitigation of Surveying Court Cases. Daniel Duyck
Litigation of Surveying Court Cases Daniel Duyck Daniel Duyck Whipple & Duyck, PC Attorneys at Law 503-222-6191 dduyck@whippleduyck.com www.whippleduyck.com How Property is Held in Oregon Fee Simple Life
More informationREAL PROPERTY Copyright February, 2006 State Bar of California
REAL PROPERTY Copyright February, 2006 State Bar of California Mike had a 30-year master lease on a downtown office building and had sublet to others the individual office suites for five-year terms. At
More informationc. elimination as encumbrance 1) express release 2) review of specific facts with underwriter (general description)
TITLE ISSUES IN EASEMENTS AND CCR S I Easements (the Company ) insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding
More informationSTEP Land Registration Rules 2012 and Transmissions on Death, Trusts in Land and Prescriptive Easements
STEP Land Registration Rules 2012 and Transmissions on Death, Trusts in Land and Prescriptive Easements John Murphy Examiner of Titles Property Registration Authority 27 th February 2013 Introduction Land
More informationPERMANENT EASEMENT AGREEMENT
PERMANENT EASEMENT AGREEMENT This Permanent Easement Agreement ("Agreement") effective this day of, 2016, by and between Goin Straight, LLC, a Colorado limited liability company (Grantor"), whose mailing
More information1.0 Law & Legal CLE Credit A/V Approval # Recording Date November 1, 2017 Recording Availability June 12, 2018
1.0 Law & Legal CLE Credit A/V Approval #1072343 Recording Date November 1, 2017 Recording Availability June 12, 2018 Meeting Location Date Time Topic King County Bar Association 1200 Fifth Avenue - Suite
More informationIN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT JACKSON COUNTY
[Cite as Watson v. Neff, 2009-Ohio-2062.] IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT JACKSON COUNTY Jeffrey S. Watson, Trustee, : : Plaintiff-Appellant, : : Case No. 08CA12 v. : : DECISION
More informationPRESENT: Kinser, C.J., Lemons, Goodwyn, Millette, Mims, and Powell, JJ., and Russell, S.J.
PRESENT: Kinser, C.J., Lemons, Goodwyn, Millette, Mims, and Powell, JJ., and Russell, S.J. MAC R. CLIFTON, ET AL. OPINION BY v. Record No. 121232 SENIOR JUSTICE CHARLES S. RUSSELL September 12, 2013 EVELYN
More informationReviewing Accommodative Easements: Helping Your Client Do a Favor without Causing Harm (with Sample Inserts)
Reviewing Accommodative Easements: Helping Your Client Do a Favor without Causing Harm (with s) Andy Jacobson Andy Jacobson is a partner in the Real Estate Group at Maslon LLP in Minneapolis, Minnesota.
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS PAUL MARINO and LINDA MARINO, Plaintiffs-Appellants, UNPUBLISHED June 19, 2001 v No. 215764 Wayne Circuit Court GRAYHAVEN ESTATES LTD., LLC, LC No. 98-813922-CH GRAYHAVEN-LENOX
More informationWOODLE v. COMMONWEALTH LAND TITLE INSURANCE COMPANY, 287 Neb Neb. 917
Page 1 of 8 287 Neb. 917 BRAD WOODLE AND CHASE WOODLE, APPELLANTS, v. COMMONWEALTH LAND TITLE INSURANCE COMPANY, A NEBRASKA CORPORATION, AND OMAHA TITLE & ESCROW, INC., A NEBRASKA CORPORATION, APPELLEES.
More informationYOUR SPEAKER RIGHTS OF WAY AND ENCUMBRANCES IN LAND TONY NETTLEMAN. Surveying All My Life. Began Working with Attorneys.
YOUR SPEAKER Surveying All My Life RIGHTS OF WAY AND ENCUMBRANCES IN LAND TONY NETTLEMAN Began Working with Attorneys Went to College After Private Practice, Came Back Copyright Nettleman Land Surveying,
More informationTHE SUPREME COURT OF THE STATE OF ALASKA
Notice: This opinion is subject to correction before publication in the PACIFIC REPORTER. Readers are requested to bring errors to the attention of the Clerk of the Appellate Courts, 303 K Street, Anchorage,
More informationREAL PROPERTY INTERESTS
REAL PROPERTY INTERESTS Real and Personal Property In most instances the surveyor's concern of differences between real and personal property is of minimal interest, but to his client these differences
More informationQUESTION 2: SELECTED ANSWER A
QUESTION 2: SELECTED ANSWER A 1. Interests in Greenacre To determine who has what interest in Greenacre (G), the validity and effect of each transfer/agreement must be determined. Generally, property may
More informationFunctional Description. Servitude Categories. Property. Private Land Use Controls. Module 6 Servitudes
Property Module 6 Servitudes Private Land Use Controls Servitude Categories Major: Easement Covenant Minor: Real Covenant Equitable Servitude Profit License Functional Description A is given right to enter
More informationENTRY ORDER SUPREME COURT DOCKET NO JULY TERM, 2018
Note: In the case title, an asterisk (*) indicates an appellant and a double asterisk (**) indicates a crossappellant. Decisions of a three-justice panel are not to be considered as precedent before any
More informationIN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE March 12, 2009 Session
IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE March 12, 2009 Session MICHAEL AND CAROLYN REGEN v. EAST FORK FARMS, LP, ET AL. Appeal from the Chancery Court for Davidson County No. 07-2882-II Carol
More informationSTATE OF MINNESOTA IN COURT OF APPEALS A Jeffrey Apitz, et al., Appellants, vs. Terry Hopkins, et al., Respondents.
STATE OF MINNESOTA IN COURT OF APPEALS A14-1166 Jeffrey Apitz, et al., Appellants, vs. Terry Hopkins, et al., Respondents. Filed May 18, 2015 Reversed and remanded Peterson, Judge Itasca County District
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS MATTHEW J. SCHUMACHER, Plaintiff-Appellant/Cross-Appellee, FOR PUBLICATION April 1, 2003 9:10 a.m. v No. 233143 Midland Circuit Court DEPARTMENT OF NATURAL RESOURCES,
More informationIN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE December 13, 2012 Session
IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE December 13, 2012 Session BARRY RUSSELL, ET AL. v. HENDERSONVILLE UTILITY DISTRICT Appeal from the Chancery Court for Sumner County No. 2010C120 Tom E.
More informationCase Illustrates Twists and Turns in Dealing with Rights of First Refusal Martin Doyle Facts of the Case
Case Illustrates Twists and Turns in Dealing with Rights of First Refusal By: Martin Doyle As originally published as a Special to the Legal Intelligencer, PLW, October 19, 2009 Martin Doyle is a member
More informationWillard v. First Church of Christ, Scientist McGuigan owns lot 19 and 20 McGuigan sells lot 19 to Peterson McGuigan sells lot 20 to Peterson with
Willard v. First Church of Christ, Scientist McGuigan owns lot 19 and 20 McGuigan sells lot 19 to Peterson McGuigan sells lot 20 to Peterson with following: subject to an easement for automobile parking
More informationThis chapter shall be known and may be cited as the "Unit Property Act." (25 Del. C. 1953, 2201; 54 Del. Laws, c. 282.)
DELAWARE 2201. Short title. This chapter shall be known and may be cited as the "Unit Act." (25 Del. C. 1953, 2201; 54 Del. Laws, c. 282.) 2202. Definitions. The following words or phrases, as used in
More informationModern Real Estate Practice in North Carolina Ninth Edition. Unit 3 Quiz
Unit 3 Quiz 1. A homeowner objected when a local utility company dug up his garden to install a natural gas line. The company claimed it had a valid easement supported by the county records. The homeowner
More informationUse of Possession/Occupation Lines 3. Surveyor s Responsibility Options for the Surveyor: Ownership Boundary Changed by Occupation: 1.
Lines of Possession Use of Possession/Occupation Lines: 1. Evidence of the record boundary. 2. Foundation for title boundary. a. Estoppel b. Adverse possession c. Acquiescence d. Practical Location e.
More informationPLEASE DO NOT REMOVE THIS QUESTION BOOKLET FROM THE EXAM ROOM. PROPERTY: SAMPLE OBJECTIVE QUESTIONS. Professor Donahue. Date. Time
Exam Identification Number: PLEASE DO NOT REMOVE THIS QUESTION BOOKLET FROM THE EXAM ROOM. PROPERTY: SAMPLE OBJECTIVE QUESTIONS Professor Donahue Date Time PART I [I mocked this up to make it look as much
More informationDeeds: Topics to be Covered. Deeds MAY (but Need Not) Include: Valid Deed MUST Include:
Deeds: Topics to be Covered What a deed is (and is not) Types of deeds Contents of deeds Mandatory contents Optional contents Special/idiosyncratic requirements Impact of errors in the preparation/execution
More informationNO IN THE SUPREME COURT OF THE STATE OF MONTANA 1996
NO. 95-519 IN THE SUPREME COURT OF THE STATE OF MONTANA 1996 A.C. WARNACK, Trustee of the A.C. WARNACK TRUST; and KENNETH R. MCDONALD, v. Plaintiffs, Appellants and Cross-Respondents, THE CONEEN FAMILY
More informationIN THE SUPREME COURT OF CALIFORNIA
Filed 4/27/09 IN THE SUPREME COURT OF CALIFORNIA CHERYL C. MURPHY, ) ) Plaintiff and Respondent, ) ) S159489 v. ) ) Ct.App. 1/2 A117051 ROGER BURCH et al., ) ) Mendocino County Defendants and Appellants.
More informationICAN BUSINESS LAW WEEK 6 SOLUTION TOPIC: SALE OF GOODS & HIRE PURCHASE SECTION A 1. C 2. A 3. B 4. E 5. B 6. D 7. B 8. B 9. B 10.
ICAN BUSINESS LAW WEEK 6 SOLUTION TOPIC: SALE OF GOODS & HIRE PURCHASE SECTION A 1. C 2. A 3. B 4. E 5. B 6. D 7. B 8. B 9. B 10. A SECTION B SOLUTION TO QUESTION 1 STARRY GOLD ACADEMY +2348023428420,
More informationRESOLUTION NUMBER 2017-
RESOLUTION NUMBER 2017- RESOLUTION BY THE CITY COUNCIL OF THE CITY OF ORLANDO, FLORIDA, DETERMINING THE NECESSITY OF ACQUIRING CERTAIN REAL PROPERTY ALONG BOGGY CREEK ROAD FOR THE PURPOSE OF CONSTRUCTING
More informationSCHEDULE U : EASEMENT FOR PARKING TERMS OF INSTRUMENT PART 2
SCHEDULE U : EASEMENT FOR PARKING [attach Land Title Act Form C General Filing Instrument Part 1] TERMS OF INSTRUMENT PART 2 This Easement dated for reference the day of,. BETWEEN: AND AND WHEREAS: bcimc
More information~ Indiana ~ Easements and Rights of Way ~ ~ ~ IRWA Chapter 10 Annual Law Day. Indianapolis, Indiana. October 18, Presented by Gary R.
~ Indiana ~ Easements and Rights of Way ~ ~ ~ IRWA Chapter 10 Annual Law Day Indianapolis, Indiana October 18, 2017 Presented by Gary R. Kent, PS EASEMENT A limited, nonpossessory interest in the land
More informationProblems on Recording Statutes
Problems on Recording Statutes Consider the following series of deeds to Blackacre. In the following deeds, means a transfer for valuable consideration; means a devise or gift. At the end of the following
More information12--Can Property Owners Be Bound by Unrecorded Restrictions, Rights, and Obligations?
12--Can Property Owners Be Bound by Unrecorded Restrictions, Rights, and Obligations? A property may be restricted by unrecorded equitable servitudes. An equitable servitude is an enforceable restriction
More informationPREVENTING THE ACQUISITION OF A RIGHT OF LIGHT BY A CONSENT WITHIN SECTION 3 PRESCRIPTION ACT 1832 HOW CAN IT BE DONE AND WHAT PITFALLS ARE THERE?
PREVENTING THE ACQUISITION OF A RIGHT OF LIGHT BY A CONSENT WITHIN SECTION 3 PRESCRIPTION ACT 1832 HOW CAN IT BE DONE AND WHAT PITFALLS ARE THERE? By Andrew Francis, Barrister Serle Court, 6 New Square,
More informationTitle goes here. Application to Register an Easement/ Profit-à-Prendre Acquired by Prescription.
Application to Register an Easement/ Profit-à-Prendre Acquired by Prescription. eamonn.morris@prai.ie Topics 1. Characteristics of an Easement. 2. Acquisition of an Easement. 3. Prescription Law Timeline.
More informationNo. 119,218 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. RAYMOND DEBEY and GINGER DEBEY, Appellees, SYLLABUS BY THE COURT
No. 119,218 IN THE COURT OF APPEALS OF THE STATE OF KANSAS RAYMOND DEBEY and GINGER DEBEY, Appellees, v. JAMES SCHLAEFLI, JAMES F. SCHLAEFLI TRUST, Dated 7/1/2001, and ROBERTA A. SCHLAEFLI TRUST, Dated
More informationIN THE COURT OF APPEALS OF TENNESSEE AT JACKSON June 19, 2008 Session
IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON June 19, 2008 Session TERESA WALKER NEWMAN v. WAYNE WOODARD, ET AL. Direct Appeal from the Chancery Court for Lauderdale County No. 13749 William C. Cole,
More informationASSEMBLY, No. 477 STATE OF NEW JERSEY. 216th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
ASSEMBLY, No. STATE OF NEW JERSEY th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 0 SESSION Sponsored by: Assemblyman JERRY GREEN District (Middlesex, Somerset and Union) SYNOPSIS Permits liens in favor
More informationCadastral Data Content Standard - Rights and Interests
Background Concepts Rights and Interests - Regulations and Restrictions In the Cadastral Data Content Standard Version 2 - June 30, 2014 A review of the content and background Nancy von Meyer Rights and
More informationDrafting and Negotiating Commercial Leases. John H. Hawthorne Partner, Protorae Law PLLC June 1, 2015
Drafting and Negotiating Commercial Leases John H. Hawthorne Partner, Protorae Law PLLC June 1, 2015 Drafting and Negotiating Commercial Leases Introduction to Drafting Commercial Leases Lease Provisions
More informationTitle Reference [Title Reference] In this Easement unless the context or subject matter require otherwise:
Land Title Act 1994, Land Act 1994 and Water Act 2000 Page 2 of 7 1. DEFINITIONS AND INTERPRETATION 1.1 Definitions In this Easement unless the context or subject matter require otherwise: Easement Land
More informationEasement. After recording return to: City Clerk City of Puyallup 333 South Meridian Puyallup, WA 98371
After recording return to: City Clerk City of Puyallup 333 South Meridian Puyallup, WA 98371 Document Title: Easement Grantor: Grantee: City of Puyallup Abbreviated Legal Description: A portion of Legal
More informationNo. 102,084 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. JOHN O. GILMAN, et al., Appellants/Cross-appellees,
No. 102,084 IN THE COURT OF APPEALS OF THE STATE OF KANSAS JOHN O. GILMAN, et al., Appellants/Cross-appellees, v. GERARD BLOCKS, et al., Appellees/Cross-appellants. SYLLABUS BY THE COURT 1. The interpretation
More information11. What is the difference between easement by necessity and easement by prescription?
In class work with answers for chapter 7-14 1. What does it mean for the government to have governmental powers? Government powers supersede individual rights to real estate for the protection of the general
More informationRappaport v. Banfield, No Wncv (Katz, J., July 14, 2005)
Rappaport v. Banfield, No. 80-2-03 Wncv (Katz, J., July 14, 2005) [The text of this Vermont trial court opinion is unofficial. It has been reformatted from the original. The accuracy of the text and the
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS JOHN SCHOENHERR, SHELLEY SCHOENHERR, TIMOTHY SPINA, and ELIZABETH SPINA, UNPUBLISHED November 22, 2002 Plaintiffs-Appellees, v No. 235601 Wayne Circuit Court VERNIER
More informationSec. 1. This article applies to property if: (1) the sole owner of the property; or (2) all of the owners of the property;
IC 32-25 ARTICLE 25. CONDOMINIUMS IC 32-25-1 Chapter 1. Application of Law IC 32-25-1-1 Application of law Sec. 1. This article applies to property if: (1) the sole owner of the property; or (2) all of
More informationIN THE COURT OF APPEALS OF IOWA. No / Filed August 25, Appeal from the Iowa District Court for Cedar County, Mark J.
MARK BINNS and GRACE BINNS, Plaintiffs-Appellees, vs. IN THE COURT OF APPEALS OF IOWA No. 0-498 / 09-1571 Filed August 25, 2010 DON STEWART and BRENDA STEWART, Defendants-Appellants. Judge. Appeal from
More informationIN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs September 4, 2018
IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs September 4, 2018 10/05/2018 HERBERT T. STAFFORD v. MATTHEW L. BRANAN Appeal from the Chancery Court for Sequatchie County No. 2482
More informationTHE SUPREME COURT OF NEW HAMPSHIRE. WILLIAM SOUKUP & a. ROBERT BROOKS & a. Argued: February 19, 2009 Opinion Issued: June 12, 2009
NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme
More informationCASE NO. 1D An appeal from the Circuit Court for Santa Rosa County. Marci L. Goodman, Judge.
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA GLORIA DIANNE AND FREDDIE L. WINGATE, Husband and Wife, Appellants, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION
More informationEASEMENTS - INSURING
EASEMENTS - INSURING I. If the easement has been insured previously by the Company, skip to step VII. II. III. Consider an additional premium for the easement examination. SCHEDULE A - Verify that the
More informationIntroduction to Leases:
Introduction to Leases: Essential Fundamentals for Searching and Examining Leasehold Estates Presented by Mel Platt Vice-President & Sr. Commercial Underwriter Commonwealth Land Title Insurance Company
More informationSales Associate Course. Titles, Deeds and Ownership Restrictions
Sales Associate Course Chapter Nine Titles, Deeds and Ownership Restrictions Copyright Gold Coast Schools 1 Title to Real Property Title - ownership enforceable by law Equitable title right to gain ownership
More informationSTATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS ROBERT LITTLE and BARBARA LITTLE, Plaintiffs/Counterdefendants- Appellants, UNPUBLISHED March 23, 2006 v No. 257781 Oakland Circuit Court THOMAS TRIVAN, DARLENE TRIVAN,
More informationBuilding Control Regulations APPLICABILITY OF PROVISIONS OF S.I.9 OF 2014 TO HOUSE EXTENSIONS 16 January 2015 Eoin O Cofaigh
1 Building Control Regulations APPLICABILITY OF PROVISIONS OF S.I.9 OF 2014 TO HOUSE EXTENSIONS 16 January 2015 Eoin O Cofaigh The author is an architect in private practice and is not legally qualified.
More informationPhysical Encumbrances
Physical Encumbrances Types of physical encumbrances include (1) deed restrictions, (2) easements, and (3) encroachments. D eed restrictions A major package of private deed restriction are covenants, conditions
More informationClydeSnow ATTORNEYS AT LAW
ClydeSnow ATTORNEYS AT LAW D. BRENT ROSE CLYDE SNOW SESSIONS & SWENSON A PROFESSIONAL CORPORATION (801) 322-2516 dbr@clydesnow.com ONE UTAH CENTER THIRTEENTH FLOOR 201 S. MAIN STREET SALT LAKE CITY, UTAH
More informationChapter 7 Questions Interests in Real Estate
Chapter 7 Questions Interests in Real Estate 1. A statutory right that a family has in its residence is called a. entirety. b. survivorship. c. curtesy. d. homestead. 2. A person who has complete control
More informationChapter 13 Bankruptcy. Next Assignments. In re Edry
Next Assignments Pages 700 743 (Distribution of Proceeds; Lien Revival; Statutory Redemption; Deficiency Judgments) Pages 574 585 (Merger; Deeds in Lieu of Foreclosure; Short Sales ) Chapter 13 Bankruptcy
More informationWillard v. First Church of Christ, Scientist McGuigan owns lot 19 and 20 McGuigan sells lot 19 to Peterson McGuigan sells lot 20 to Peterson with
Willard v. First Church of Christ, Scientist McGuigan owns lot 19 and 20 McGuigan sells lot 19 to Peterson McGuigan sells lot 20 to Peterson with following: subject to an easement for automobile parking
More information1. Who caught the first pass Brett Favre threw as a Green Bay Packer? 2. Who was the last American League switch-hitter to be named league MVP?
EASEMENTS BY IMPLICATION SCOTT M. LUCAS MARCH 15, 2005 Introduction Here are four good trick questions to ask people: 1. Who caught the first pass Brett Favre threw as a Green Bay Packer? 2. Who was the
More informationRecitals. WHEREAS, Grantor owns real property ("Property"), under which Improvements (as defined in Section 1 below) will pass; and
EASEMENT AGREEMENT This Easement Agreement ("Agreement") effective this 24 th day of April, 2017, by and between YMCA Community Campus, LLC, whose address is 3200 Spaulding Avenue, Pueblo, CO 81008 ( Grantor
More informationHOUSE BILL lr1125 A BILL ENTITLED. St. Mary s County Metropolitan Commission Fee Schedule
L HOUSE BILL lr By: St. Mary s County Delegation Introduced and read first time: February, 0 Assigned to: Environmental Matters A BILL ENTITLED AN ACT concerning St. Mary s County Metropolitan Commission
More informationNational Interactive Study Group
National Interactive Study Group 1 SESSION 3 BOBRA TAHAN HOWARD HARRIS https://www.kapre.com/nationalinteractivestudygroup Notes for Tonight 2 Chat is the best way to communicate questions. CONTACT INFORMATION
More information2017 Seminar Series. Easements, Implied or Otherwise. W. Paul Lewis Title Counsel, Attorneys Title
2017 Seminar Series Easements, Implied or Otherwise W. Paul Lewis Title Counsel, Attorneys Title paul.lewis@attorneystitle.com Attorneys Title 115 N. 3rd Street, Suite 308 Wilmington, NC 28401 910.343.1096
More informationChapter Five Drainage 2017 final Law.docx 1
Chapter Five Drainage Law One of the realities of living in Iowa is our abundant rainfall making it possible for us to farm and produce crops. But anyone who owns land knows that too much (or too little)
More informationCONTRACTS UNDER THE UNIFORM COMMERCIAL CODE THE MODERN LAW OF SALES MAY BE SUMMARIZED IN ONE BRIEF STATEMENT: LET THE SELLER BEWARE!
CONTRACTS UNDER THE UNIFORM COMMERCIAL CODE THE MODERN LAW OF SALES MAY BE SUMMARIZED IN ONE BRIEF STATEMENT: LET THE SELLER BEWARE! Uniform Commercial Code All 50 states have adopted some portions of
More informationParty Walls. Institutional Repository. University of Miami Law School. Mark S. Berman. University of Miami Law Review
University of Miami Law School Institutional Repository University of Miami Law Review 7-1-1971 Party Walls Mark S. Berman Follow this and additional works at: http://repository.law.miami.edu/umlr Recommended
More informationPointers for Balancing Risk on Conservation Easement Modification Eight Elements to Consider Pending a Tax Court Decision
The Land Trust Alliance has long held that a modification clause in conservation easements strengthen easements and improves enforceability. A modification clause, which may include amendment, consent,
More informationMTAS MORe. Sincerely,
Published on MTAS (http://www.mtas.tennessee.edu) Home > Printer-friendly PDF > Printer-friendly PDF > Permanent Utility Easement and Temporary Construction Easement Dear Reader: The following document
More informationIN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO
IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO HOLY DONUT, LLC ) CASE NO. CV 12 790472 ) Plaintiff, ) JUDGE JOHN P. O DONNELL ) vs. ) ) MO UN YEE GEE, et al. ) JOURNAL ENTRY GRANTING IN ) PART HOLY
More informationChapter 2 6/1/2010. Are These Houses Really Alike? Real Property: a Bundle of Rights. What Are Rights?
Are These Houses Really Alike? Chapter 2 Legal Foundations to Value City vs. County? Implied easements? Prescriptive easements? Easements in gross? Homestead rights? Restrictive covenants? McGraw-Hill/Irwin
More informationProperty, Equitable Servitudes, Creation and Enforceability- pp , 772 November 20, 2006 Crusto s Socratic Dialogue
Property, Equitable Servitudes, Creation and Enforceability- pp. 746-768, 772 November 20, 2006 Crusto s Socratic Dialogue 1. Please provide an Analytical Overview of the Topic. We continue our study of
More informationRents and Leases: Mortgagee Concerns
Rents and Leases: Mortgagee Concerns Mortgagee underwrites the commercial mortgage loan based on leases and rents from those leases Issues What rights does the mortgagee have to collect rents as against
More informationPolicy and Procedures for Lawyers and Surveyors March 2006
PDCAs Policy and Procedures for Lawyers and Surveyors March 2006 MGA Compliance Statement: Exception for parcels created in land registration as result of an approved plan of survey/subdivision Clause
More information