In a rescript opinion issued yesterday in Gentili v. Town of Sturbridge (pdf), the Supreme Judicial Court (SJC) ruled that a municipality’s acquisition of a prescriptive easement over private property ...

When you buy real estate, including in the form of a house and the land it sits on, it's your private property to do with as you wish. As long as you follow local zoning and building code rules, you ...

Get any of our free daily email newsletters — news headlines, opinion, e-edition, obituaries and more. The Montana House on Tuesday passed a bill amended to add restrictions to prescriptive easements ...

Plaintiffs own residential properties abutting a private road known as “Windmill Lane,” which runs perpendicularly to Further Lane from its southern boundary and terminates near the Atlantic Ocean.

Feeling entitled, or deserving or just plain covetous? You have discovered that you are encroaching on your neighbor's property. In California, two inconsistent doctrines can apply to allow you to ...

Senate Bill 354 to change state laws around easements is back where it started. The bill, brought by Sen. Steve Hinebauch, R-Wibaux, seeks to put some constraints on easements. Specifically, the bill ...

Branches and roots don’t trump property rights in Pennsylvania, the Commonwealth Court has ruled. Tree branches and roots that crept over a property line for 21 years do not establish a prescriptive ...

A common occurrence in our area, given the frequent lack of survey monuments, is a neighbor’s inadvertent building over your property line, whether it be a driveway, a fence, a deck or even a portion ...

Prescriptive easements are almost always a problem and there must be a jillion of them in our mostly rural county. They are usually not recorded accurately on property titles, if recorded at all. In ...

Indiana Court of Appeals GSE Realty LLC, Gordon D. Emmert and Stacey I. Emmert v. Leslie R. Miller 25A-PL-669 Civil plenary.

Majority Republicans in a conference committee advanced a heavily amended bill Tuesday disfavoring lawsuits to enforce public recreation access through prescriptive easements. Under Montana law, a ...

Picture this: You find out that a portion of your yard that you’ve been using for years is actually owned by your neighbor. You thought you knew where the property line was, but your neighbor had a ...