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Easements by prescription, also called prescriptive easements, are implied easements granted after the dominant estate has used the property in a hostile, continuous and open manner for a statutorily prescribed number of years. Prescriptive easements differ from adverse possession by not requiring exclusivity.
In Nollan v.California Coastal Commission, 483 U.S. 825 (1987), the United States Supreme Court ruled that a California Coastal Commission regulation which required private homeowners to dedicate a public easement along valuable beachfront property as a condition of approval for a construction permit to renovate their beach bungalow was unconstitutional.
If the landowner owns everything beneath the ground on his property, he may convey to another party the rights to mineral deposits under the land and other things requiring excavation, such as easements for buried conduits or for water wells. However, such a conveyance requires the recipient to prevent any damage to the surface of the land ...
Commercial real estate has beaten the stock market for 25 years — but only the super rich could buy in. ... sued the City of St. Petersburg in 2023 over a failure to record an easement on his ...
The process, which varies between cities and states in the United States, is often used for large-scale real estate development, where alleys cutting through city blocks are closed for a large building. City laws may require public benefits and other types of compensation in exchange for the approval of a street vacation. [1] [2] [3]
Express easements are formed through a legal contract and are put into the deed of the property. Public easements, such as for sidewalks or utility lines, are created to benefit the public as a whole.
Property rights defined by points on the ground once extended indefinitely upward. This notion remained unchallenged before air travel became popular in the early 20th century. To promote air transport, legislators established a public easement for transit at high altitudes, regardless of real estate ownership. [1]
From renter updates to grace periods, here’s are things to know about California’s new renter laws. 7 California renter laws you should know: From security deposit caps to repairs Skip to main ...
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