News & Analysis as of

Easements Ingress/Egress

Kaufman & Canoles

Court of Appeals of Virginia Enforces “Ryder” Easement

Kaufman & Canoles on

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

Kaufman & Canoles

Title Insurance Client Alert - Virginia Court of Appeals Affirms Injunction to Remove Objects from Granted Easement Area

Kaufman & Canoles on

Yesterday, the Court of Appeals of Virginia issued a significant opinion in Thibault Enterprises, LLC v. David A. Yost, et al., Yost Living Trust, a case involving a dispute over a 50-foot granted easement for ingress and...more

Patton Sullivan Brodehl LLP

Court Rules Grower Cannot Use Access Easement for Cannabis Purposes Without Servient Landowner’s Consent

While many Californians consider the legality of cannabis to be settled law, the ongoing conflict between California and federal laws on the subject continue to give rise to unexpected outcomes when it comes to real property...more

Farrell Fritz, P.C.

Right-Of-Way Width – Not Set In Stone

Farrell Fritz, P.C. on

Determining the width of a right-of-way may be more difficult than you think, even when the dimensions are specifically defined.  New York courts take the approach that elevates the right of passage over full use an easement...more

Rivkin Radler LLP

Title Insurance Policy Excluded Coverage of Claims for Easements Implied by Law, New York Court Rules

Rivkin Radler LLP on

A trial court in New York has ruled that a title insurance policy excluded coverage of claims against the insured for easements implied by law. The Case As the court explained in its decision, in April 2014, 1267 Rogers...more

Womble Bond Dickinson

The Thin Line Between Land Litigation and Land Use Controversies

Womble Bond Dickinson on

Frequently, land litigation—land boundary and ownership claims - is a controversy concerning the use of land. The recent case of Hedgepeth v. Parker’s Landing Property Owners Association, Inc. ___ N.C. App. ___ ___ S.E.2d...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending May 15, 2015

Carlton Fields on

REAL PROPERTY UPDATE - State-Created Entity/First-Party Bad Faith: immunity of Citizens, as provided in Section 627.351(6)(s), Florida Statutes, shields it from statutory first-party bad faith claims under Section...more

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