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Real Estate Development Trespass Easements

Smith Anderson

N.C. Court Confirms Stormwater Runoff Across Property Lines Can Amount to Trespass

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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

Miller Starr Regalia

Examining The Waiver Of Recreational Immunity By Express Invitation After The California Supreme Court’s Decision In Hoffmann V....

Miller Starr Regalia on

In 1963, the California legislature became concerned that private landowners were “bar[ring] public access to their land for recreational uses out of fear of incurring tort liability." Thus, it enacted Civ. Code, § 846 to...more

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