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Tag Archives: Prescriptive
Smith on Prescriptive Fiduciary Duties
Lionel Smith (McGill University, Faculty of Law, Paul-André Crépeau Centre for Private and Comparative Law; University of Oxford – Faculty of Law) has posted Prescriptive Fiduciary Duties ((2018), 37 University of Queensland Law Review 261-287) on SSRN. Here is the abstract: … Continue reading
Prescriptive Easement Allegations Indicating That The Plaintiff’s Use Of A Road For Primary Residential Use Was More Expansive Than The Restrictive, Emergency And Secondary Access Use Language Contained In Original Recorded Easement Grant Was Sufficiently “Adverse” To Survive A Demurrer.
In McBride v. Smith, (2018) 18 Cal.App.5th 1160, the court of appeal held that a prescriptive easement claim can survive a demurrer (that is, a which is a motion to dismiss brought early in the case), where allegations in the … Continue reading
Posted in Real Estate & Property Law
Tagged Access, Adverse, Allegations, contained, Demurrer, Easement, Emergency, expansive, Grant, Indicating, language, Original, plaintiffs, Prescriptive, Primary, recorded, Residential, Restrictive, Road, Secondary, sufficiently, Survive, than
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Prescriptive Easement Beach Access Case From My Hometown
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 property owners who erected a locked gate and tried… … Continue reading
Posted in Real Estate & Property Law
Tagged Access, Beach, case, Easement, Hometown, Prescriptive
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