In September, the Pennsylvania Supreme Court unanimously decided in Reading Area Water Authority v. Schuylkill River Greenway, that a “water authority” may not condemn a utility easement over privately-owned land for the sole purpose of providing a private developer sewage and drainage facilities for a proposed residential housing development. The case is important because it … Continue Reading
If you are a landowner who owns land that came to you or your family through a land grant from the United States government and that land abuts or lies beneath what is now an abandoned railroad, then you might have a legitimate claim to say to the government, “show me the money!” A January … Continue Reading
The Garden State is forging ahead with rebuilding efforts after Superstorm Sandy devastated the Jersey Shore last October. One of the largest proposed projects is a $3 billion dune-replenishment project set to start May 1. This proposed coastal protection system would create 22-foot-tall dunes along the coast, forming a natural barrier against storms to protect … Continue Reading
Almost exactly a year ago we posted a blog on the High Court case of London Tara Hotel Limited v Kensington Close Hotel Limited, where it was decided that a personal licence to use a roadway granted to the previous owner of the Kensington Close Hotel did not prevent the current owner from acquiring an … Continue Reading
In this post we revisit private rights of way from the perspective of a development site – looking at how they are created, varied, and how they can be extinguished. Q1: ‘I recently purchased a large estate. At the time of purchase, my lawyers reported that the area close to one boundary was subject to a … Continue Reading
A recent case in the High Court, London Tara Hotel Limited v Kensington Close Hotel Limited, underlines the importance of careful management and monitoring of property interests, especially when rights are granted by licence, to avoid the accidental grant of easements in perpetuity.… Continue Reading
