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Full-Text Articles in Law
Taking Title To Servient Tenements, Roger Bernhardt
Taking Title To Servient Tenements, Roger Bernhardt
Publications
This article previews two California cases where easements were acquired - one through prescription, the other by implication – and where conditions had thereafter changed before the defendants had acquired the servient parcels. The article deals with the question as to how title insurance protects clients who are acquiring property against being held subject to easements that were not recorded.
Lawyers And Lot Lines, Roger Bernhardt
Lawyers And Lot Lines, Roger Bernhardt
Publications
This article discusses doctrines dealing with encroachments. An encroachment may be protected by showing that it is permanent and has existed for more than three years; however, there are cases to the contrary. Adverse possession or prescriptive easement theoriues can also be used if the property was possessed for at least five years and other standards are met. Additiionally agreed boundaries and good faith improvements doctrines may apply.
Lawyers And Lot Lines, Roger Bernhardt
Lawyers And Lot Lines, Roger Bernhardt
Publications
This article discusses doctrines dealing with encroachments. An encroachment may be protected by showing that it is permanent and has existed for more than three years; however, there are cases to the contrary. Adverse possession or prescriptive easement theories can also be used if the property was possessed for at least five years and other standards are met. Additionally, agreed boundaries and good faith improvements doctrines may apply.