Tag Archives: Easement

<em>PruneYard</em> Undone: California's Union Easement – Which Invites Labor Organizers To Enter Private Property – Isn't A Physical Taking

The title of this post may have you wondering, especially the part about how a regulation that invites others to physically enter private property, is analyzed by a court as a Penn Central taking and not a physical taking.  At … Continue reading

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Massachusetts Landowner Defeats Prescriptive Easement Claim by Demonstrating Permissive Use of Driveway

One of the most important factors in a Massachusetts prescriptive easement claim is whether the claimant’s use of the property was permissive or adverse.  The Land Court recently addressed this issue when deciding an April 5, 2019 case.  The plaintiff … Continue reading

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Retaining Rights With a Charitable Conservation Easement

Conservation easements can result in significant charitable deductions for real estate owners and investors. But can an owner or investor retain rights to the property and still get the charitable deduction. The courts continue to define when this is possible. … Continue reading

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A “General Easement” – Is Not What You Think it is – When Easement Use is Not Restricted to Historic Use

An easement in California is a right to use someone’s property which right is something less than a full right of ownership. The right of use is restricted to that in the original grant of easement, though parties often consult … Continue reading

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From The "Be Careful What You Wish For" Department: California May Take Beach Easement

According to this story ("California moves closer to taking public pathway from billionaire Vinod Khosla") in the Santa Cruz Sentinel, the State of California is considering exercising eminent domain to take an easement for public access over his San Mateo … Continue reading

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