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‘Overburden’ of an easement is a common source of dispute, but the concept itself—as with many other aspects of easement law—is more...

Major flooding is a frequent staple for national news headlines, but another ‘water-related’ problem is less spectacular, yet often...

Land use professionals are generally quick to admit that the accuracy of tax maps is questionable, particularly when they disagree with...

Disagreements involving retroactive effects of legislation are common in modern courtroom disputes. Parties involved in these cases often...

The Quiet Title Act (28 U.S.C. 2409-a) has—incorrectly—been described as “adverse possession against the U.S. Government.” While the act...

This article Adaptation from “Prescriptive Easements and Related Principles” (Kline, 2019) (available on this website) Not all easements...

In the early development of the United States, disputes over individual trees were less common and generally were based on a more...

The concept of ‘notice’ relates to several areas of property titles law. When establishing the seniority of conflicting deeds that may...

Cemeteries and lands associated with places of worship can create numerous challenges for Land Use Professionals. Modern cemeteries are...

Easement disputes are common nationwide, as is evident from the plethora of relevant cases found in modern court records. While locating...

The Lost Grant Theory is a distinct sub-category in the pantheon of prescriptive rights—related to adverse possession, but independent of...

Encroachment and/or trespass on school lands, public highways, and state land are frequent sources of litigation, in addition to numerous...

Court disputes over easements created for transmission lines and other utilities are a relatively recent phenomenon that has become even...

Common driveways that straddle a boundary between neighbors frequently cause headaches for the courts. These improvements may have been...

Determining the extent and type of right conveyed or dedicated for railroad use is one of the thornier issues facing land use...

In property boundary disputes, “Acquiescence” can have many meanings— depending both on the specific circumstances and the jurisdiction...

Of the many recent developments relating to the law of waters, a “Dockominium” may rank as one of the strangest. The term itself is...

While easements are often treated as the ‘poor relations’ of property rights, the ‘Profit a Prendre’ often seems a mere afterthought by...

The concept of the “Common Grantor Doctrine” is well established in most jurisdictions, though its identification by that name is...

Apportioning excess or deficiency in platted lots seems like a quick and painless solution to a problem subdivision retracement when...