Roundabout at Windermere Elementary could be delayed Aug 22, 2008
Last Friday, the town filed a prescriptive easement to take ownership of the Park Avenue intersection. They filed a maintenance map with the Orange County Clerk of Courts on Friday, demonstrating that the town has maintained the intersection for more than seven years. (Winter Garden West Orange Times, FL)
Windermere proceeds with major stormwater drainage improvements Jul 17, 2008
The town has a prescriptive easement required for this work, but it is still meeting with an adjacent property owner to discuss various options on how the work should proceed. The project includes removing and replacing existing driveways, excavating and grading and installing Stormceptors, asphalt paving, drains, curbing, gutters and sod. (Winter Garden West Orange Times, FL)
Portside Grill dragged into Hubbard-Whale dispute May 23, 2008
To assure permanent access to the rear of the tavern through the Rite Aid property, the Eleftheriou s filed a complaint asking the court to rule that they have a prescriptive easement, a right of way by necessity and a right of way by acquiescence. A hearing on that complaint was scheduled for May 8, but the Hubbards requested and were granted a delay. (Courier Publications, ME)
Time to enforce park strip law Apr 10, 2008
IROC Camaro wrote on Apr 9, 2008 2:55 AM:" You know a policy is deeply flawed and oppressive if Box is on board with it. Isn't it marvelous that the government can seize land by eminent domain, but private citizen can't even get a prescriptive easement for parking their cars on otherwise useless property. Bureaucrats that will trade utility for aesthetics will accomplish neither. Bright on the blight! This town needs a leadership enema. ". Patches wrote on Apr 9, 2008 7:06 AM:" Get those cars... (Logan Herald Journal, UT)
Uncertainty paves road through park Dec 13, 2007
Airport board member George Berge said the driveway might be a prescriptive easement ... San Bernardino County Director of Special Districts Jeff Rigney agrees that the road could be a prescriptive easement ... David Slaughter, director of San Bernardino County Real Estate Services, said prescriptive easements are tricky. (Big Bear Grizzly, CA)
‘River road' 2AB West reopens to public access Sep 13, 2007
retired wrote on Sep 12, 2007 4:57 PM:" This was just another od Bodini's illegal acts which he tried to get away with.The Monument Hill situation was about the same and should also be studied.If nothing else the County has a prescriptive easement there because the road was improved about 35 years ago using county machines and gravel so that the public would have better access to the top of Rattlesnake. It was botched up by a previous county attorney who didn't have the guts to stand up to him... (Cody Enterprise, WY)
Eagle Lake city council hires defense Jul 18, 2007
Under affirmative defenses it is stated that the city of Eagle Lake abandons the two inch water line and its related prescriptive easement that is the subject of the lawsuit. City Manager Ronald Holland said Bounds specializes in municipal lawsuits and would a great selection in representing the city. (Columbus Colorado County Citizen, TX)
Board leaves access issues unresolved Jun 23, 2007
A prescriptive easement arises when someone uses another's property without permission ... In California, the easement need only be used continuously for five years in order to acquire a prescriptive easement ... A prescriptive easement becomes legal when the user brings a quiet title lawsuit against the property owner and proves that all the requirements have been met. (San Andreas Calaveras Enterprise, CA)
Ask Realty Times Jun 8, 2007
He might negotiate an easement with a neighbor that passes with the property; sue, claiming he is entitled to a private "way of necessity" or sue to obtain a prescriptive easement. When he gets everything straight and in writing, then I might have more interest. (RealtyTimes)
River's Edge appeal gets more complex Jun 6, 2007
It apparently was the assertion that Fisherman's Drive is not a deeded county road but a prescriptive easement of the county that concerned the county commissioners. Larson had argued that because the road is a simply a prescriptive easement it could be moved by the developer without the county's approval as long as it provided access for the public through the property. (Rexburg Standard Journal, ID)
River's Edge lawyer requests mediation May 31, 2007
It apparently was the assertion that Fisherman's Drive is not a deeded county road, but a prescriptive easement of the county that concerned the county commissioners as they discussed the project in a work session last week. The developer's lawyer had argued that because the road is a simply a prescriptive easement it could be moved by the developer without the county's approval as long as it provided access for the public through the property. (Rexburg Standard Journal, ID)
Subdivision appealdraws a big crowd May 10, 2007
The developer's lawyer, Larson, argued that the road is a "prescriptive easement" and as such, isn't deeded, or owned by the public ... The prescriptive easement provides simply a method of getting from one place to another. (Rexburg Standard Journal, ID)
Check details to pay off mortgage Mar 5, 2007
Although I don't recommend bringing this issue up, if the fence has been there for many years and the neighbor has used that 2-foot strip of land, perhaps for a garden or lawn, he might have acquired a prescriptive easement to permanently use that land strip ... The hostile test usually defeats most prescriptive easement claims. (San Francisco Chronicle -- Politics)
Property lines sometimes turn into battle lines Feb 19, 2007
Indeed, two legal concepts -- prescriptive easement and adverse possession -- muddy the idea of unassailable property rights ... Prescriptive easement gives an adjoining owner easement -- that is, use -- of a property. (San Francisco Chronicle)
13th mortgage payment speeds payoff Dec 23, 2006
Prescriptive easement ... Because you have been occupying and using that 5-foot strip of your neighbor's lot, you may be entitled to gain a permanent prescriptive easement ... The legal requirements for obtaining a prescriptive easement to permanently use part of another's property include open, notorious (obvious), hostile (without permission) and continuous use for the required number of years in your state. (Charlotte.com, NC -- Living)
Commissioners support TXU plant Dec 2, 2006
The county road was established by prescriptive easement; there was no deed. Whiteley's motion to approve the abandonment was accepted by a unanimous vote. (Cameron Herald, TX)
Guest opinion: Tester is wrong on Patriot Act Oct 11, 2006
Loren wrote on October 10, 2006 1:51 PM:"Common Sense-You are right about the public losing access to public land because of illegal closures of prescriptive easement roads that access public land through private land. To say that Burns is responsible for this however is a stretch of the imagination. Burns was instrumental in killing the Pomberg bill, that proposed selling public land. Burns claimed that "it was dead in the water", Burns also recently pulled his support of a private landowner on... (Montana Standard, MT)
Larkspur project sent back to Council: Public hearing on 81-unit complex held Jul 13, 2006
He said in addition to utility easements, there are also prescriptive easements on the project site. am not aware of the prescriptive easements ... here may be a prescriptive easement back there. (Ridgecrest Daily Independent, CA)
Abrupt neighbor doesn't own fence Jun 18, 2006
However, before you do so, I suggest you consult a local real estate attorney to discuss the possible legal consequences, such as a prescriptive easement for your neighbor. Who pays for backup. (Charlotte.com, NC -- Living)
Fence sparks controversy at Newburg Council meeting Jun 16, 2006
Newburg City Attorney Ed Hoertel said that because the bridge has been used continuously by residents there is a valid legal argument that the path could be considered a prescriptive easement ... The city could also enter into litigation to create a prescriptive easement through Gulley s property. (Rolla Daily News, MO)
