Bar Exam Toolbox Podcast Episode 122: Listen and Learn -- Easements (Real Property)
While there are many benefits to owning property in a common interest community, most people love to hate them. Condemnors should be especially wary when seeking to acquire property owned by a homeowners association....more
Welcome to the September 2025 edition of MHH's Condo/Co-op Digest. We hope our readers enjoyed their August holidays as much as we did and that all of their summer capital improvement projects are all underway and on...more
A “dedication” is an uncompensated transfer of an interest in private property to the public. Dedications can occur pursuant to statute or common law. Statutory dedications follow the path set forth in the Subdivision Map...more
In the recently published case Bartel v. Chicago Title Insurance Company, a California appellate court reaffirmed longstanding California law on insurers’ broad duty to defend even in the face of complicated underlying facts,...more
Yesterday, the Court of Appeals of Virginia issued a significant decision about a servient landowner’s right to relocate easements in accordance with Virginia Code § 55.1-304. ...more
INTRODUCTION - Welcome to the first edition of Real Insight, our new UK real estate update. Among the subjects covered in this edition are the emerging success of data centres in the planning system, continuation funds,...more
On July 9, 2025, the President signed into law the Alaska Native Village Municipal Lands Restoration Act of 2025 (“ANVMLRA”). This legislation will permit Alaska Native Village Corporations to recover from the State of Alaska...more
In Ashmus v. Coughlin, 2025-Ohio-2412, the Ohio Supreme Court provided important guidance on the scope of a seller’s disclosure obligations under Ohio Revised Code 5302.30, particularly when it comes to “material defects” in...more
For family offices and high-net-worth individuals with longstanding real estate holdings in Michigan, recent developments under the Michigan Marketable Record Title Act (MRTA) merit close attention. Originally designed to...more
Last week, the Court of Appeals of Virginia issued a significant 24-page opinion in David Tidwell, et al. v. Kenneth. M Goldsmith, et al., Record No. 0629-24-1 and Record No. 0666-24-1, in consolidated cases concerning the...more
Walkers have represented the owners of almost 200 residential properties in a successful appeal to the Judicial Committee of the Privy Council concerning the enforceability of recreational golf and beach access rights. ...more
The North Carolina Court of Appeals recently decided H/S New Bern, LLC v. First Berkshire Properties, LLC, which establishes important precedent regarding stormwater management obligations and trespass liability in...more
U.S. Eleventh Circuit Court of Appeals - Roth v. Russell - ’34 Act, §16(b) - Sweet Additions v. Meelunie Am - sales contract - USA v. Dubois - Second Amendment, felons with firearms...more
An easement — an interest in the land of another entitling the easement owner to a limited use or enjoyment of another’s land — can be established by a variety of theories...more
A landowner’s failure to provide consent for surface use related to oil and gas operations does not necessarily preclude the lessee from conducting activities if the lease agreements allow surface use....more
On Monday, the Court of Appeals of Virginia issued a significant decision about private road easements often referred to as “Ryder” easements. In Becker Building Company, LLC, et al. v. Scott W. Keller, et al., the Court...more
The U.S. Court of Appeals for the Fourth Circuit recently announced two important rules in two eminent domain opinions. Both cases involved pipeline access easements that the condemnor properly took under the Natural Gas Act....more
U.S. Eleventh Circuit Court of Appeals - Kanapuram v. CIS - immigration - Wu v. Liu - removal, arbitration, remand, appellate jurisdiction - USA v. Morris - jury interrogatory, specific firearm - Malak v. Soc Sec...more
In State of Arizona v. Foothills Reserve Master Owners Association, Inc., the Arizona Supreme Court ruled that severance damages are available to landowners when their appurtenant easements are condemned, even if their...more
On October 29, 2024, the Second District Court of Appeals of California decided against the County of Santa Barbara (“the county”) in JCCRandall LLC v. County of Santa Barbara. The Court held, contrary to popular belief, that...more
Although wind and solar project development in the U.S. experienced record-breaking sales in recent years, headwinds are anticipated to increase. Several challenges continue to delay deployment, such as lack of sufficient of...more
Yesterday, the Court of Appeals of Virginia held that when a deed conveys “all that certain tract or parcel of land, consisting of a . . . right of way,” that right of way is conveyed in fee simple, not as an easement. In...more
Cannabis is a multi-billion-dollar industry in California. For many years now, cannabis businesses have operated pursuant to state law, obtaining licenses and permits and entering into contracts to carry out cultivation,...more
In a significant victory for property owners, the Arizona Supreme Court held this week that damages in condemnation cases can include compensation for the reduction in value caused by the proximity of homes to a new highway...more
The International Transmission Line (“ITC”) and its subsidiary, the Michigan Electric Transmission Company, LLC (“METC”), are currently seeking easements to install new transmission lines as part of their Long-Range...more