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If a trespass is actionable and no action is taken within reasonable or prescribed time limits, the landowner may forever lose the right to seek a remedy, and may even forfeit certain property rights in the case of adverse possession and easement by prescription. Trespass may also arise upon the easement of one person upon the land of another ...
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 ...
An affirmative easement is the right to use another property for a specific purpose while a negative easement is the right to prevent another from performing an otherwise lawful activity on their own property. For example, an affirmative easement might allow land owner A to drive their cattle over the land of B. A has an affirmative easement ...
Perhaps the first owner of your house granted your neighbor access to a dock on your property in perpetuity, or the city has retained an easement to access power lines that run across the back ...
The U.S. Department of Justice has filed a lawsuit to force a northern Wisconsin town to pay unspecified damages for failing to renew access easements on American Indian tribal land. U.S. Attorney ...
Lawsuit: The tribe has “run roughshod” over the developer’s land by “wrongfully” removing dirt and fill, crushing rock to convert into road material.
It states that a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by an object on the land that is likely to attract children. [1] The doctrine is designed to protect children who are unable to appreciate the risk posed by the object, by imposing a liability on the landowner. [1]
The common law may apply many exceptions to the rule that the first finder of lost property has a superior claim of right over any other person except the previous owner. For example, a trespasser's claim to lost property which he finds while trespassing is generally inferior to the claim of the respective landowner. As a corollary to this ...