Bar Exam Toolbox Podcast Episode 122: Listen and Learn -- Easements (Real Property)
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
While the recently concluded 2023 legislative session focused largely on other forms of taxation, the Connecticut General Assembly did pass several noteworthy acts regarding property taxation. Income and Expense Reports...more
The Second District Court of Appeal’s decision in Canyon Vineyard Estates I, LLC v. DeJoria sidesteps several potentially troublesome conveyancing issues by focusing on the statutory authorization for “conservation easements”...more
CASES OF NOTE - UPHILL BATTLE FOR RETAIL CANNABIS APPLICANTS - Mederi, Inc. v. City of Salem, 488 Mass. 60 (2021) Summary: In Mederi, Inc. v. City of Salem, the Massachusetts Supreme Judicial Court grappled with...more
In recent years, Colorado has developed and implemented one of the most comprehensive conservation easement (CE) income tax credit programs in the country, reflecting a state policy of incentivizing preservation of lands with...more
Thorough, Fact-finding Due Diligence Mitigates Risks, Writes Real Estate Attorney Nancy Park in PublicCEO - Real estate acquisitions gone awry can be damaging for public agencies. They can tarnish an agency’s...more
The Appeals Court’s decision in Johnson v. Christ Apostle Church, Mt. Bethel is a useful reminder that the Land Court’s jurisdiction over cases affecting title to registered land is exclusive. ...more
In Texan Land & Cattle II, Ltd. v. ExxonMobil Pipeline Company a Texas court of appeals ruled that “oil or gas” is not limited to “crude petroleum,” but includes refined petroleum products gasoline and diesel....more
Law 360 reports that the West Virginia Supreme Court has issued its ruling in the matter of Robert L. Andrews et al. v. Antero Resources Corp. et al. The court addressed whether the plaintiff landowners were unreasonably and...more
Like the vast majority of general civil litigation, eminent domain matters usually settle before going to trial. The resolution is typically documented in either a stipulated judgment or a settlement agreement. ...more
Hogan Lovells quarterly newsletter on legal topics relevant to the UK real estate industry. ...more
Misrepresentation/Concealment: genuine issues of material fact remained in dispute regarding whether board-certified real estate attorney committed fraudulent or negligent misrepresentation or concealment by falsely assuring...more
Declaratory Judgment Not the Correct Remedy - Danping Li sued the Town of Woodbury with regard to the assessments of three properties she owned in that community. One of the counts of her complaint seeking a declaratory...more
Foreclosure: non-borrower owner of real property as tenants-in-common with borrower not required to sign mortgage for borrower to encumber only his interest in the property and non-borrower’s signature on mortgage reflected...more
Practically speaking, from a landowner’s perspective there are two types of easements, otherwise known as rights to use another person’s property. The first are those that I’ll call “beneficial easements.” These benefit the...more