News & Analysis as of

Property Owners Easements Appellate Courts

Mitchell, Williams, Selig, Gates & Woodyard,...

Waterbody/Easement: South Carolina Appellate Court Addresses Dispute Over Control

The Court of Appeals of South Carolina (“Court”) addressed in a March 20th Opinion an issue involving easements granting access to or control over a body of water. See Carr Farms, Inc. and Titan Farms, LLC v. Watson, 2024 WL...more

Rivkin Radler LLP

A Legal Update for the Title Insurance Industry

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Michael Heller’s, Matthew Spero’s and Lawrence Han’s Winter issue of the Title Reporter was published in the Real Estate Finance Journal. This article discusses the following court rulings and other title insurance-related...more

Amundsen Davis LLC

Nearby Road Closures Remain Non-Compensable in Indiana Eminent Domain Proceedings

Amundsen Davis LLC on

On October 10, 2023, the Indiana Supreme Court denied a landowner’s petition to transfer filed in the matter of State of Indiana v. The Market Place at State Road 37, LLC, et al., 22A-PL-2765 (May 17, 2023), and as a result,...more

Perkins Coie

Court Upholds Equitable Easement Between Neighbors in Property Line Dispute

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The court reversed a decision to grant an implied easement between two homeowners but upheld granting an equitable easement. Romero v. Shih, 78 Cal. App. 5th 326 (2022). The two parcels in question were owned originally...more

McGlinchey Stafford

Does An “As-Is” Clause In My Contract Preclude A Claim For Breach Of An Express Warranty? - The Bullet Point: An Ohio Commercial...

McGlinchey Stafford on

Easement by estoppel- DeepRock Disposal Solutions, LLC v. Forté Prods., LLC, 4th Dist. Washington No. 20CA15, 2021-Ohio-1436- In this appeal, the Fourth Appellate District affirmed as modified the trial court’s...more

Perkins Coie

County May Abandon Public Easement Rights to Prevent Unauthorized Use of Road

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The Third Appellate District determined that Placer County met relevant statutory requirements when it partially abandoned public easement rights in a road originally intended to be used only for emergency access and public...more

Porter Hedges LLP

Recent Victory For All Texas Landowners Facing Pipeline Condemnation

Porter Hedges LLP on

Porter Hedges recently scored a significant victory for landowners Terrance and Kenneth Hlavinka and their families (“the Hlavinkas”) against HSC Pipeline Partners, a subsidiary of Enterprise Products Partners. On June 18,...more

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