easement by prescription new york

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87 documents for easement by prescription new york

- Barry S. Friedberg and Charlotte Moss, (2011)
... regarding the donation of a conservation easement on historic residential property was a 'qualified ...Friedberg and Ms. Moss) who resided in New York at the time they filed their petition. 1(..continu... right conferred by grant or prescription, authorizing one landowner to do or maintain somet...
- United States Tax Court
- JOHN DOMINICI and MARY DOMINICI, Plaintiffs-Appellants, v. JOHN LENTINI, Individually and as Mayor of the Incorporated Village of North Hills, STANLEY, (2nd Cir. 2001)
... Courthouse, Foley Square, in the City of New York, on the 18th day of December , two thousand and on... appellants had obtained a prescriptive easement; and (3). that the Road has become public by virtu...Cl. 1980). ("[A]n easement by prescription could not have been obtained over . . . the lot, s...
- 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...v. New York City (129) has provided the three rough guideposts... 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

- 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 ...Water Auth. v. York, 532 S.W.2d 949 (Tex. 1976), the Supreme Court's a...
- Federal Circuits
- U.S. District Court Western District of N.Y. Case Summaries: 2011
S. District Court, WDNY SSI

...attorney's office, for the defendant. New York State court of Appeals. Proceeds of Fraud. Divorce...Prescriptive. Easement. Continuous Use. Dermody v. Titlton. CA 10-02329. ... judgment granting an easement by prescription over a portion of the defendant's property to the ...
- Daily Record (Rochester, NY)
- July 13, 2011
- Virginia v. Maryland, 540 U.S. 56 (2003)
... New Jersey v. New York, 523 U. S. 767, 807. Maryland has not carried her... Virginia had gained ownership by prescription of the soil up to the low-water mark, id., at D-... at issue in a case of an overburdened easement, is no reason to deny its plain language or the ac...
- U.S. Supreme Court
- 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)
...Andrew Stephenson, New York City. Of counsel on the brief were Andrea C. Ferst... 1899 transfers to the railroad created easements for use for railroad purposes; the fee estates rem... necessary to prove an easement by prescription in Vermont. The Supreme Court of Vermont held that...
- Federal Circuits
- Defining riparian rights as 'property' through takings litigation: is there a property right to environmental quality?
... to property use rights--traditionally, easements. Part III examines the potential for takings litig...v. New York City. (43) Under this test, courts examine: 1) "[t... 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
- Merrill Lynch Mtge. Lending, Inc. v. Wheeling & Lake Erie Ry. Co., (Ohio 2010)
easement appurtenant, easement created through retention in 1890 deed transferring the land to railroad, easement created crossing over railroad tracks that dissected grantors property, no words of inheritance were necessary, express easement appurtenant not extinguished by misuse, laches or estoppel

... may be express, implied, or by prescription. Trattar v. Rausch (1950), 154 Ohio St. 286, para...New York, N.H. & H.R. Co. (1892), 62 Conn. 195, 24 A. 997, ...
- Ohio Supreme Court
- Enbridge Pipelines ( v. Michael Moo, (7th Cir. 2011)
... in each suit a declaration that its easement to operate an oil pipeline under the defendant's p...2003); In re Brand Name Prescription Drugs Antitrust Litigation, 248 F.3d 668, 670 (7th... might speak of an "air corridor" between New York and Chicago even if no airlines were operating bet...
- Federal Circuits