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Real Estate Transactions Easements

Schwabe, Williamson & Wyatt PC

Trump Administration Signs Alaska Native Village Land Restoration Act

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

Kohrman Jackson & Krantz LLP

Ohio Supreme Court Clarifies Seller Disclosure Obligations in Ashmus v. Coughlin

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

Kaufman & Canoles

Title Insurance Client Alert - Important Court of Appeals of Virginia Opinion Concerning the Ownership and Use of Certain...

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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

Recreational Land Rights Upheld by the Privy Council

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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

Patton Sullivan Brodehl LLP

Easement Cannot be Granted on Inconsistent Theories

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

McGinnis Lochridge

Can a Production Sharing Agreement Override Surface Owner Consent? Hamilton v. ConocoPhillips Explored

McGinnis Lochridge on

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

Snell & Wilmer

Eminent Domain Update: Fourth Circuit Upholds Landowner’s Right To Testify on Property Value and Splits With First Circuit on...

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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

Snell & Wilmer

Arizona Supreme Court Expands Landowners’ Rights to Recover Severance Damages in Eminent Domain Cases

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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

Seyfarth Shaw LLP

Cultivator Not Entitled to Use Easement for Cannabis Purposes Absent Landowner Consent

Seyfarth Shaw LLP on

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

Kaufman & Canoles

Title Insurance Client Alert - Va. Ct. of Appeals Holds Grant of “Right of Way” Conveys Fee Simple, Not Easement

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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

Miller Starr Regalia

JCCrandall, LLC V. County Of Santa Barbara: Will A Dispute Over The Use Of An Easement Send The Concept Of Legal Cannabis...

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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

Ballard Spahr LLP

Arizona Supreme Court Expands Just Compensation Rights in Eminent Domain Case

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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

Ackerman & Ackerman, P.C.

Key Takeaways from ITC Easement Offers in Mid-Michigan Transmission Line Project

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

Kaufman & Canoles

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

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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

Williams Mullen

Title Endorsement Basics - November 2024

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Title insurance is issued using standardized forms of policies and endorsements. The most commonly used forms for commercial properties are those promulgated by the American Land Title Association (ALTA), a nationwide title...more

Rivkin Radler LLP

A Legal Update for the Title Insurance Industry

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Michael Heller’s, Matthew Spero’s and Lawrence Han’s Winter issue of the Title Reporter was published in the Real Estate Finance Journal. This article discusses the following court rulings and other title insurance-related...more

Hahn Loeser & Parks LLP

Correcting the Past and Securing Your Future: What Title Insurance Endorsements Can Do for You

When it comes to risk mitigation for property investors, title insurance may be the best kept secret in the industry. While the concept of title insurance is well known and most investors understand the basic coverage offered...more

Rivkin Radler LLP

The Title Reporter: A Legal Update for the Title Insurance Industry - Autumn 2023

Rivkin Radler LLP on

Here is what we cover in this issue of Title Insurance Update Autumn 2023- • “Deed Theft: Recent New York Developments” explains that New York State prosecutors, and the New York State legislature, have been focusing on the...more

Patton Sullivan Brodehl LLP

Deed Language Defines the Scope of a Reserved Easement

Under California law, a grant deed is generally understood to transfer the entire fee title interest in real property, unless it expressly states otherwise.  (See, e.g., Civil Code sections 1105 and 1113.) If the seller wants...more

Snell & Wilmer

Amada Family Limited Partnership v. Pomeroy: Colorado Court of Appeals expressly affirms the continuing viability of the...

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On May 27, 2021, a division of the Colorado Court of Appeals issued its opinion in Amada Family Limited Partnership v. Pomeroy, 2021 COA 73. In that case, the court decided two significant issues that apparently had never...more

McGlinchey Stafford

The Bullet Point: An Ohio Commercial Law Bulletin - Did My Behavior Ratify A Contract?

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Contract Ratification- Gionino’s Pizzeria Inc. v. Reynolds, 7th Dist. Carroll No. 20 CA 0940, 2021-Ohio-1289 In this matter, the Seventh Appellate District reversed and remanded the lower court’s decision, finding that...more

Williams Mullen

Title Endorsement Basics

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Title insurance is issued using standardized forms of policies and endorsements. The most commonly used forms for commercial properties are those promulgated by the American Land Title Association (ALTA), a nationwide title...more

Stoel Rives LLP

Idaho Real Estate & Development Law Update: How Much Diligence is Due?

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All buyers of real estate know they need to do their homework. That process is sometimes called “due diligence.” But how much diligence is due? The recent decision of the Idaho Supreme Court in Tiller White, LLC v. Canyon...more

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