easement by prescription california

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105 documents for easement by prescription california

- Maryland Court of Special Appeals Case Summaries: December 26, 2011
Civil Procedure Declaratory judgment

... the prior consistent statement and the California Supreme Court affirmed. California's statute gover...Real Property. Prescriptive easement. BOTTOM LINE: Plaintiff established a prescriptive... by implication is an easement by prescription. Jurgensen v. New Phoenix Atl. Condo. Council, 380...
- The Daily Record (Baltimore)
- January 02, 2012
- Severance v. Patterson, (5th Cir. 2009)
... to prevent them from enforcing a public easement under the Texas Open Beaches Act, T EX. N AT. R ES... to or over an area by prescription, dedication, or has retained a right by virtue of .... Carol Severance, a California resident, purchased two beachfront properties alon...
- Federal Circuits
- Virtual takings: the coming Fifth Amendment challenge to net neutrality regulation.
... content providers a permanent virtual easement across privately owned broadband networks to deliv...California Coastal Commission, (154) decided five years after... ferry for all passengers, without a prescription time out of mind, or a charter from the king. He m...
- Notre Dame Law Review
- Vol. 86 Nbr. 1, February 2011

- J. Paul Preseault and Patricia Preseault, Individually and as Partners of 985 Associates, Ltd., a Vermont Limited Partnership, and 985 Associates, Ltd., Plaintiffs-Appellants, v. the United States, Defendant-Appellee, and the State of Vermont, Defendant/Cross-Appellant., 100 F.3d 1525 (Fed. Cir. 1996)
... 1899 transfers to the railroad created easements for use for railroad purposes; the fee estates rem...denied, 116 S. Ct. 53 (1995), and California Housing Securities, Inc. v. United States, 959 F.2... necessary to prove an easement by prescription in Vermont. The Supreme Court of Vermont held that...
- Federal Circuits
- Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service,
... of Critical Habitat for the Coastal California Gnatcatcher (Polioptila californica californica); ... weed control and fire management and prescription, can help to retard the conversion of shrublands t..., other conservation agreements, easements, and State and local regulations) enhance species ...
- FR, December 19, 2007
- Defining riparian rights as 'property' through takings litigation: is there a property right to environmental quality?
... both kinds of water rights, as in the California system, (11) or by importing elements of prior app... to property use rights--traditionally, easements. Part III examines the potential for takings litig... acquired a right to do so by grant, prescription or license. (249) In addition, in 1942, the Virgin...
- Environmental Law
- Vol. 42 Nbr. 1, January 2012
- Georgia v. South Carolina, 497 U.S. 376 (1990)
... sovereignty over the islands by prescription and acquiescence, as evidenced by its grant of the... District of Georgia to acquire an easement to enter upon "Barnwell Island," one of the island...See e.g., United States v. California, 381 U.S. 139 , 167-169 (1965); United States v. ...
- U.S. Supreme Court
- Easement
An is a right of one person to use the real estate, or a portion of it, of another person for a particular purpose. The real estate, subject to the , is sometimes referred to as the "Servient Estate." An example of an is a right-of-way for the ingress and egress. This means the right to travel across or across part of the Servient estate to reach or leave one's own real estate. Another example is an for utility, such as power lines or water lines. s may arise from agreement or operation of law. An agreement for an is set forth in writing and is signed by the parties agreeing to it. s may be for a set period of time, but often run with the land. This means that even if one of the parties agreeing to it conveys or tran...

.... CALIFORNIA. In California, the period of adverse use must be ...
- Real Estate
- Questions & Answers
- United States v. Little Lake Misere Land Co., 412 U.S. 580 (1973)
... that specified a 10-year period of prescription. The surface property was conveyed to the United S...Leiter Minerals, Inc. v. California Co., 241 La. 915, 132 So.2d 845 (1961). The Louisi... might include reservations, easements, . Page 412 U.S. 580, 598. and rights of way but ...
- U.S. Supreme Court
- County of Westchester, New York, Plaintiff-Appellee, v. Commissioner of Transportation of the State of Connecticut, Defendant, Town of Greenwich; Laurelton Nursing Home, Inc.; Greenwich King Street Associates Ii, L.P.; Mildred Tomonto; the Convent of the Sacred Heart, Defendants-Appellants, Laurel Convalescent Home, Inc., Appellant., 986 F.2d 624 (2nd Cir. 1993)
... the airport had acquired a prescriptive easement entitling it to use and maintain the airspace it n...[also] can be acquired by prescription." Id. at 1205, 1207. Having established the availa... Judge for the Northern District of California, sitting by designation. 1 According to the distr...
- Federal Circuits