The owner still has full ownership and rights to the land, but that’s limited by the rights of the easement holder, who has ...

In a rescript opinion issued yesterday in Gentili v. Town of Sturbridge (pdf), the Supreme Judicial Court (SJC) ruled that a municipality’s acquisition of a prescriptive easement over private property ...

When you buy real estate, including in the form of a house and the land it sits on, it's your private property to do with as you wish. As long as you follow local zoning and building code rules, you ...

Every so often, that ancient and seemingly out-dated distinction between legal and equitable claims (and defenses) derived in the English Chancery Courts hundreds of years ago rears its head and ...

Plaintiffs own residential properties abutting a private road known as “Windmill Lane,” which runs perpendicularly to Further Lane from its southern boundary and terminates near the Atlantic Ocean.

A common occurrence in our area, given the frequent lack of survey monuments, is a neighbor’s inadvertent building over your property line, whether it be a driveway, a fence, a deck or even a portion ...

Picture this: You find out that a portion of your yard that you’ve been using for years is actually owned by your neighbor. You thought you knew where the property line was, but your neighbor had a ...

Senate Bill 354 to change state laws around easements is back where it started. The bill, brought by Sen. Steve Hinebauch, R-Wibaux, seeks to put some constraints on easements. Specifically, the bill ...

Get any of our free daily email newsletters — news headlines, opinion, e-edition, obituaries and more. The Montana House on Tuesday passed a bill amended to add restrictions to prescriptive easements ...

Branches and roots don’t trump property rights in Pennsylvania, the Commonwealth Court has ruled. Tree branches and roots that crept over a property line for 21 years do not establish a prescriptive ...

A 2019 lawsuit brought by public land access advocates over the Forest Service’s handling of four disputed trails in the Crazy Mountains is nearing resolution, and the result could have national ...

Indiana Court of Appeals GSE Realty LLC, Gordon D. Emmert and Stacey I. Emmert v. Leslie R. Miller 25A-PL-669 Civil plenary.