News & Analysis as of

Easements Urban Planning & Development

Williams Mullen

Title Endorsement Basics - November 2024

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Title insurance is issued using standardized forms of policies and endorsements. The most commonly used forms for commercial properties are those promulgated by the American Land Title Association (ALTA), a nationwide title...more

Lowndes

New Law HB 799: Easements Affecting Real Property Owned by the Same Owner

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Governor DeSantis signed HB 799 into law on June 27, 2024, impacting all developments subject to covenants or restrictions of any flavor, whether residential or commercial....more

Ward and Smith, P.A.

When 2 Minus 1 Still Equals 2: Combining Lots in a Planned Community

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NOT NECESSARILY! Owners of adjoining lots in subdivisions often decide to combine them for a variety of reasons.  But, in a planned community governed by an owners' association, the owner may have to obtain consent to combine...more

Lowndes

Developers: Be Wary of Utility Company Easement Forms (UPDATED)

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A utility company that provides service to an owner’s property usually requests the owner to sign a standard form of easement. The form of easement allows the utility company to enter onto the owner’s property to install and...more

Goulston & Storrs PC

Law of the Land - Real Estate Litigation Newsletter - June 2021, Volume 1, Issue VII

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CASE HIGHLIGHT - PLAINTIFFS MAKE WAVES FOR HARBOR PLAN - Foundation, et al. v. Theoharides, et al., 1884 CV02144-BLS1 (April 1, 2021) - In a recent decision, the Massachusetts Superior Court granted partial summary...more

Kramer Levin Naftalis & Frankel LLP

Elevate Transit: Zoning for Accessibility

The Metropolitan Transportation Authority (MTA) and the Department of City Planning have proposed a citywide zoning text change designed to increase transit station accessibility (Zoning for Accessibility). The text was...more

Farrell Fritz, P.C.

Appellate Division finds Village Responsible for Maintenance of Bulkhead Related to Drainage Easement

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Plaintiffs own property in the Village of Freeport on Randall Bay and granted a drainage easement to the Village in 1961. The easement, dated September 6, 1961, allowed the Village to “construct and maintain one underground...more

Pierce Atwood LLP

Maine Law Court Restricts Use of Easements for Development Permits

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Recently,  the Maine Supreme Judicial Court (the Law Court) issued a decision that could impact developers’ ability to apply for development permits if the developer proposes to use property over which the developer has only...more

Farrell Fritz, P.C.

Supreme Court Upholds Village of Southampton Zoning Board of Appeals Determination

Farrell Fritz, P.C. on

Applicants sought to subdivide two lots located at 550 Hill Street and 554 Hill Street in the Village of Southampton into three residential lots with a 25 foot wide access easement along the southerly side of an adjoining...more

Pierce Atwood LLP

UPDATE: Mass. High Court Takes Plaintiff Out of Game, Upholds Boston’s Transfer to Red Sox of Easement Rights Next to Fenway Park

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In my post last week on Pishev v. City of Somerville, I mentioned that the Supreme Judicial Court (SJC) would be soon deciding another important urban renewal case, Marchese v. Boston Redevelopment Authority. It turns out...more

BCLP

Resolving Agent of Change issues in planning: As easy as noise easements?

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This blog examines the complexities of Agent of Change cases from our experience acting for developers and venues alike and, in particular, considers the concept and use of noise easements to resolve and manage noise issues...more

Lowndes

Be Wary of Utility Company Easement Forms

Lowndes on

A utility company that provides service to an owner’s property usually requests the owner to sign a standard form of easement that is intended to allow the utility company to enter onto owner’s property in order to install...more

Nossaman LLP

[Event] Right of Way & Legal Strategies for Successful Project Delivery - March 8th, San Francisco, CA

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Nossaman LLP and Bender Rosenthal, Inc. invite you to this complimentary afternoon seminar that will provide insight on current right of way issues affecting public agencies and utilities. Our panels of leading industry...more

Nossaman LLP

[Event] Nossaman's 2017 Southern California Eminent Domain Seminar - March 2nd, Los Angeles, CA

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Nossaman LLP invites you to join us for our 2017 Southern California Eminent Domain Seminar, "Right of Way & Legal Strategies for Successful Project Delivery." This complimentary afternoon seminar will provide insight on...more

Pierce Atwood LLP

SJC Keeps Bright-Line Test for Overloading of Easements

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In its recent decision in Taylor v. Martha’s Vineyard Land Bank Commission, the Supreme Judicial Court (SJC) put the brakes on a trend toward eliminating bright lines in the enforcement of easement rights. The Facts - ...more

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