Common Law Implied Easement
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Upper Hiwassee/Coker Creek Assessment
Cherokee National Forest USDA Forest Service Southern Region Roads Analysis Report Upper Hiwassee/Coker Creek Assessment September 2005 BACKGROUND On January 12, 2001, the National Forest System Road Management rule was published in the Federal Register. The adoption of the final rule revised the regulations concerning the management, use, and maintenance of the National Forest Transportation System. The purpose of this road analysis is to provide line officers with critical information to develop road systems that are safe and responsive to public needs and desires, are affordable and efficiently managed, have minimal negative ecological effects on the land, and are in balance with available funding for needed management actions. SCOPE The Upper Hiwassee/Coker Creek Assessment area is approximately 44,747 acres in size with approximately 21,468 of those acres National Forest System land (48% ownership). The majority of the assessment area (17,754 ac) is in Management Prescription (MP) 9.H of the Cherokee National Forest Revised Land and Resource Management Plan. Other MPs represented include: 4.F (443 ac), 7.B (2,126 ac), and 8.B (1,145 ac). Figure 1 displays the location of the analysis area within the Ocoee/Hiwassee Ranger District of the Cherokee National Forest. OBJECTIVES The main objectives of this road analysis are to: • Identify the need for change by comparing the current road system to the desired condition. • Inform the line officer of important ecological, social, and economic issues related to roads within the analysis area. EXISTING SYSTEM ROAD CONDITIONS Most of the study area is on National Forest System land, and of the roads assessed in and near the boundary of this study area, most are National Forest System Roads (NFSRs) under the jurisdiction and maintenance of the Forest Service. -
Easements by Way of Necessity Across Federal Lands
Washington Law Review Volume 35 Number 1 3-1-1960 Easements by Way of Necessity Across Federal Lands Marjorie D. Rombauer Follow this and additional works at: https://digitalcommons.law.uw.edu/wlr Part of the Property Law and Real Estate Commons Recommended Citation Marjorie D. Rombauer, Comment, Easements by Way of Necessity Across Federal Lands, 35 Wash. L. Rev. & St. B.J. 105 (1960). Available at: https://digitalcommons.law.uw.edu/wlr/vol35/iss1/5 This Comment is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington Law Review by an authorized editor of UW Law Digital Commons. For more information, please contact [email protected]. COMMENTS EASEMENTS BY WAY OF NECESSITY ACROSS FEDERAL LANDS Is an easement across federal lands implied when the United States has granted a tract of land to which the grantee would otherwise have no practical means of access? In the recent case of Bydlon v. United States,' the Court of Claims implied an affirmative answer in holding that the ancient doctrine of ways of necessity applied to Government grants to create access easements by air. The purpose of this Comment is to determine the validity of that conclusion and the extent to which it may be utilized to give life to dormant easements. Particular attention will be given to the possible existence of such easements across national forest lands. THE BYDLON CASE The seed of the Bydlon decision was planted in 1949 when the Presi- dent issued an executive order prohibiting flights of planes at altitudes under 4,000 feet over "roadless areas" of the Superior National Forest in northern Minnesota.2 The order effectively deprived owners of prosperous resorts on the Canadian border of the only practical access to their properties, since they were surrounded by international waters to the north and "roadless areas" on all other sides and customarily flew their customers in by seaplane. -
Water Law in Real Estate Transactions
Denver Bar Association Real Estate Section Luncheon November 6, 2014 Water Law in Real Estate Transactions by Paul Noto, Esq. [email protected] Prior Appropriation Doctrine • Prior Appropriation Doctrine – First in Time, First in Right • Water allocated exclusively based on priority dates • Earliest priorities divert all they need (subject to terms in decree) • Shortages of water are not shared • “Pure” prior appropriation in CO A historical sketch of Colorado water law • Early rejection of the Riparian Doctrine, which holds that landowners adjacent to a stream can make a reasonable use of the water flowing through your land. – This policy was ill-suited to Colorado and would have hindered growth, given that climate and geography necessitate transporting water far from a stream to make land productive. • In 1861 the Territorial Legislature provided that water could be taken from the streams to lands not adjacent to streams. • In 1872, the Colorado Territorial Supreme Court recognized rights of way (easements), citing custom and necessity, through the lands of others for ditches carrying irrigation water to its place of use. Yunker v. Nichols, 1 Colo. 551, 570 (1872) A historical sketch of Colorado water law • In 1876 the Colorado Constitution declared: – “The water of every natural stream, not heretofore appropriated, within the state of Colorado, is hereby declared to be the property of the public, and the same is dedicated to the use of the people of the state, subject to appropriation as hereinafter provided.” Const. of Colo., Art. XVI, Sec. 5. – “The right to divert the unappropriated waters of any natural stream to beneficial uses shall never be denied. -
The Problem of Hidden Easements and the Subsequent Purchaser Without Notice
Oklahoma Law Review Volume 40 Number 1 1-1-1987 The Problem of Hidden Easements and the Subsequent Purchaser without Notice Joel Eichengrun Follow this and additional works at: https://digitalcommons.law.ou.edu/olr Part of the Law Commons Recommended Citation Joel Eichengrun, The Problem of Hidden Easements and the Subsequent Purchaser without Notice, 40 OKLA. L. REV. 1 (1987), https://digitalcommons.law.ou.edu/olr/vol40/iss1/2 This Article is brought to you for free and open access by University of Oklahoma College of Law Digital Commons. It has been accepted for inclusion in Oklahoma Law Review by an authorized editor of University of Oklahoma College of Law Digital Commons. For more information, please contact [email protected]. OXLAHOMA LAW REVIEW VOLUME 40 SPRING 1987 NUMBER 1 THE PROBLEM OF HIDDEN EASEMENTS AND THE SUBSEQUENT PURCHASER WITHOUT NOTICE JOEL EICHENGRUN Contents Introduction 3 Part I. The Problem of Hidden Easements 5 A. Fact Patterns 5 B. Doctrine Inadequacies 7 C. The Choice of Rules 12 Part II. The Court's Response 12 A. Hidden Easements to Maintain Underground Pipelines 13 1. Easements Implied From Prior Use 13 2. Prescriptive Easements 20 3. Oral Easements 23 B. Hidden Easements to Maintain Encroaching Structures 24 C. Neglected and Inchoate Roadway Easements 25 Part III. An Assessment and a Proposal 26 Conclusion 34 Published by University of Oklahoma College of Law Digital Commons, 1987 https://digitalcommons.law.ou.edu/olr/vol40/iss1/2 THE PROBLEM OF HIDDEN EASEMENTS AND THE SUBSEQUENT PURCHASER WITHOUT NOTICE JOEL EICHENGRUN* Introduction The prospective home buyer signs a contract to purchase a new home. -
We Have to Drill This Well Somewhere - a Survey of Surface Issues Across the Nation
We Have to Drill This Well Somewhere - A Survey of Surface Issues Across the Nation Celia C. Flowers and Melanie S. Reyes Flowers Davis, P.L.L.C. 1021 ESE Loop 323, Suite 200 Tyler, Texas 75701 IRWA Pipeline Committee Meeting September 24-25, 2015 Park City, Utah Celia C. Flowers Flowers Davis, P.L.L.C. 1021 ESE Loop 323, Suite 200 ~Tyler, Texas 75701 903-534-8063, Fax: 903-534-1650, Email: [email protected] BIOGRAPHICAL INFORMATION EDUCATION: • Tyler Junior College and graduated with an Associate in Arts (A.A.) in 1987, summa cum laude. • University of Texas at Tyler, completing that phase of her education with highest honors. • Attended law school at Baylor University and graduated in 1990 with a Juris Doctor (J.D.) degree. BOARD CERTIFICATION: • Board Certified: Oil and Gas Law, Texas Board of Legal Specialization • Board Certified: Residential Real Estate Law, Texas Board of Legal Specialization • Board Certified: Civil Trial Law, Texas Board of Legal Specialization PROFESSIONAL ACTIVITIES: • Ms. Flowers owns twelve title companies, which are licensed in thirteen counties in East Texas • 2010-2013 - Oil and Gas Council of the Oil, Gas and Energy Resources Law Section of the State Bar of Texas • Fellow of the College of the State Bar of Texas, and a member of the Texas Board of Legal Specialization, Smith County Bar Association, Rusk County Bar Association, Gregg County Bar Association, Van Zandt County Bar Association, International Right of Way Association, State Bar of Texas, East Texas Association of Petroleum Landmen, and American Association of Petroleum Landmen. • 2011-2013 - President oflndependent Title Agents of Texas (ITAT) • 2011-present - Texas Title Examination Standards Board • In 2011, Ms. -
Right to Use Real Property for Building Purposes Is of Funda- Sentation Required Under Law
Polish Construction Review – Issue No. 1 (106) Friday, 8 January 2010 lation establishes the right to use real proper- ty for building purposes under the Law, but only such property rights and such contrac- tual relations which explicitly encompass ri- ghts to perform building works. This, if a title of ownership held by an investor does not en- compass the right to perform building works, Right to use real property for it should be presumed that the investor does not have the right to use the real property for building purposes building purposes and the investor cannot in compliance with law submit such the repre- The issue of the right to use real property for building purposes is of funda- sentation required under law. Meanwhile, if mental importance from the perspective of the building process as well as the the investor nevertheless submits such a re- broader concept of the investment process. Despite the gravity of the insti- presentation, he exposes himself to penal lia- bility and the possibility of the reopening of tution on the boarder of civil law and administrative law, Construction Law of proceedings for the issuance of building per- 7 July 1994 (hereinafter referred to as the “Law”) regulates it to an exceptional- mit and, as a consequence, the annulment ly limited extent, dedicating to it a definition in the dictionary contained in the of the permit. Law and referring to the discussed institution in providing guidance on regula- Thus, for the investor to be able to submit tions relevant to other concepts. a representation in compliance with law, on the right to use real property for building purposes, the following two prerequisites In line with Art. -
Define Meaning Easement in Gross
Define Meaning Easement In Gross Slow-witted Xenos signets his invitee deflating obnoxiously. Explosive and pinnatipartite Gere still saucing his hypophosphite tantalizingly. Domenic dreamed pillion while jinxed Mario infixes aptly or mitigate stilly. In gross in other means after which belongs. More examples of appurtenances include in-ground swimming pools a rattle or fur shed scales are all fixed to the butt The term can otherwise be used to output the acreage behind a consequence This plot of toss or the backyard is generally viewed as in part too the propertyan appurtenance of next house. What Are the Standard Exceptions to Title Insurance Coverage? Between easements appurtenant and easements in gross Profits. That the something and technical definition of an easement excludes a walking to. You are browsing a metered article in Incognito Mode. The easement in defining or leave this public access to define it! Title was active, meaning that means. The easement in contrast, is defined as a negative character of this post at some other conflicts of hunting. Section 0EE Income Tax Deduction on either Loan Interest US. Though the common problem once distinguished between an easement and promise, today the distinction has faded, and profits are treated as a time of easement. Easement in Gross Definition Creation & Termination Study. Because their nature preserve equity legal principle is necessary to use for a residential plot created. In summary, the classic definition of a conservation easement may be restated in plain language as follows. As whole the barbed wirefence, the trial court found find it evil not been erected by Bortz, nor had it evolve in cleanse for the requisite time period. -
Polish Real Estate Law Overview
Polish Real Estate Law Overview Legal Framework Perpetual Usufruct The fundamental principles of Polish law regarding real estate are The scope of the perpetual usufruct is similar to ownership. codified in the Polish Civil Code and supported by a wide range Differences include: of legislation regulating all special issues regarding in particular • in principle, the perpetual usufruct can only be established on land transfer of the legal title, development and management of real owned by the State Treasury or by a unit of local government estate. Case law (rulings of the Supreme Court and courts of appeal) is used for the interpretation of ambiguous regulations. • the maximum time period of perpetual usufruct is 99 years (but it can be given for a shorter period of at least 40 years in special Titles to Real Estates circumstances) and it can be prolonged The Polish Civil Code distinguishes between several legal institutions • buildings and other facilities erected on real estate by a perpetual that give a title to use and dispose of real estate. The most common are: usufructuary become their property (the same applies to buildings and other facilities which the perpetual usufructuary acquired at • titles to the most extensive rights to the real estate, i.e. the the time when the contract for putting land into perpetual usufruct ownership and the perpetual usufruct was executed) • limited property rights to another person’s real estate in the scope • the ownership of buildings and facilities erected on real estate strictly defined by law including usufruct, easement (servitude) held in perpetual usufruct can only be transferred together with the and mortgage right of the perpetual usufruct of that real estate • rights to use another person’s real estate arising from a contractual In addition to other charges and taxes related to property, the relationship, e.g. -
EASEMENT AGREEMENT NUMBER ______(Construction and Maintenance of Culvert System and Hike/Bike Trail – Subsurface Only)
EASEMENT AGREEMENT NUMBER ____________ (Construction and Maintenance of Culvert System and Hike/Bike Trail – Subsurface Only) Date: ___________________, 2018 For good and valuable consideration the receipt whereof is hereby acknowledged, DAKOTA, MINNESOTA AND EASTERN RAILROAD CORPORATION, a Delaware corporation doing business as Canadian Pacific, having its principal place of business at 700 Canadian Pacific Plaza, 120 S. Sixth Street, Minneapolis, Minnesota 55402 (“Grantor”) hereby grants unto THE CITY OF DUBUQUE, IOWA, a government agency ("Grantee”), an easement (“Easement”) described and conditioned as follows: 1.0 DESCRIPTION OF PROPERTY: The Easement is granted under a strip of land located in Dubuque, Dubuque County, Iowa, more fully described as: PART OF LOT 1-1 OF MINERAL LOT 106, PART OF LOT 50 OF MINERAL LOT 107, PART OF LOTS 1 THRU 4 AND LOT 5 OF BLOCK 1, PART OF LOTS 1 & 2 OF BLOCK 2, PART OF VACATED ALLEY IN BLOCK 1, AND PART OF VACATED 19TH STREET ALL IN RAILROAD ADDITION, IN THE CITY OF DUBUQUE, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 2 OF BEE BRANCH SUBDIVISION NO. 11; THENCE SOUTH 34 DEGREES 08 MINUTES 12 SECONDS EAST, 209.66 FEET ALONG THE EAST LINE OF SAID LOT 2 TO THE SOUTHEAST CORNER OF SAID LOT 2 AND THE POINT OF BEGINNING; THENCE NORTH 22 DEGREES 11 MINUTES 29 SECONDS EAST, 36.60 FEET; THENCE SOUTH 59 DEGREES 49 MINUTES 23 SECONDS EAST, 182.11 FEET TO THE EAST RIGHT OF WAY LINE OF DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION; THENCE SOUTH 30 DEGREES 30 MINUTES -
Understanding Water Rights in Oregon a Guide for Land Trusts
Understanding Water Rights in Oregon A Guide for Land Trusts August 14, 2017 - Version 1.0 Prepared for the Coalition of Oregon Land Trusts by: Caylin Barter Natasha Bellis Michelle Smith The confluence of the Wallowa and Lostine rivers on the Wolfe Farm conservation easement. Photo (c) Leon Werdinger Author information Caylin Barter - [email protected] Caylin is a water and natural resources lawyer with extensive experience in water rights, conservation program management, project implementation, and environmental policy. Previously working with the Freshwater Trust as their Flow Restoration Director, Caylin has recently joined the Jordan Ramis law firm. Caylin holds a JD with a Certificate in Environmental & Natural Resources Law from the University of Arizona’s James E. Rogers College of Law and a BS in Natural Resources from Cornell University. Caylin volunteers with the Coalition of Oregon Land Trusts’ pro-bono legal program. Natasha Bellis - [email protected] Natasha works with the Deschutes River Conservancy (DRC), providing strategic oversight of the organization’s stream flow restoration programs including negotiating agreements and convening and facilitating stakeholder processes in priority stream reaches. She holds a MS in Environmental Studies from the University of Montana with a focus on collaborative conservation and a JD from Lewis and Clark Law School with a certificate in Environmental and Natural Resource Law. Prior to joining DRC, Natasha developed conservation land acquisitions for the Deschutes Land Trust and directed the flow restoration program for The Freshwater Trust. Natasha volunteers with the Coalition of Oregon Land Trusts’ pro-bono legal program. Michelle Smith - [email protected] Michelle formerly worked at Davis Wright Tremaine, LLC, in the environmental and natural resources practice group. -
Maine Roads and Easements
Maine Law Review Volume 48 Number 2 Article 3 April 2018 Maine Roads and Easements Knud E. Hermansen Donald R. Richards Follow this and additional works at: https://digitalcommons.mainelaw.maine.edu/mlr Part of the Land Use Law Commons, and the Property Law and Real Estate Commons Recommended Citation Knud E. Hermansen & Donald R. Richards, Maine Roads and Easements, 48 Me. L. Rev. 197 (2018). Available at: https://digitalcommons.mainelaw.maine.edu/mlr/vol48/iss2/3 This Article is brought to you for free and open access by the Journals at University of Maine School of Law Digital Commons. It has been accepted for inclusion in Maine Law Review by an authorized editor of University of Maine School of Law Digital Commons. For more information, please contact [email protected]. MAINE ROADS AND EASEMENTS Knud E. Hermansen & Donald R. Richards I. INTRODUCTION ........................................ 200 II. EASEMENT TERMS AND CLASSIFICATIONS ............. 202 A. Appurtenant Easements and Easements in Gross .. 203 B. Public Easements and Private Easements .......... 204 III. EASEMENT STATUS AND USES ........................ 205 A. Easement or Fee Simple Title ...................... 205 1. Operative Records ............................. 206 2. Common Law ................................. 206 3. Range-Ways and Range-Roads ................. 207 B. Title Within the Easement ......................... 209 C. Multiple Uses/Easements .......................... 210 D. CorrelativeRights and Appurtenances ............. 211 1. Express or Clearly Intended ................... 211 2. Implied Rights and Limitations ................ 212 a. Utilities in Private Road Easements ........ 217 b. Utilities in Public Roads .................. 217 c. Obstructions .............................. 218 d. PrescriptiveEasements .................... 218 e. Exclude the Obvious ...................... 220 f Increased Traffic Not Speed ............... 220 g. Subdivision of the Appurtenant Parcel..... 220 h. Accessing Non-Appurtenant Parcels ...... -
Conservation Easements and the Public Good: Preserving the Environment on Private Lands
Volume 41 Issue 2 Spring 2001 Spring 2001 Conservation Easements and the Public Good: Preserving the Environment on Private Lands Peter M. Morrisette Recommended Citation Peter M. Morrisette, Conservation Easements and the Public Good: Preserving the Environment on Private Lands, 41 Nat. Resources J. 373 (2001). Available at: https://digitalrepository.unm.edu/nrj/vol41/iss2/5 This Article is brought to you for free and open access by the Law Journals at UNM Digital Repository. It has been accepted for inclusion in Natural Resources Journal by an authorized editor of UNM Digital Repository. For more information, please contact [email protected], [email protected], [email protected]. PETER M. MORRISETTE* Conservation Easements and the Public Good: Preserving the Environment on Private Lands ABSTRACT This article underscores the importance of privately held lands in protectingecosystems and biodiversityand demonstrates the power of conservation easements to protect such lands by encouraging landowners to act in ways thatfurther both their own self-interest and the public good. This article explores how land trusts use conservation easements to preserve the natural environment on private lands through five case studies--the Montana Land Reliance in Montana, the JacksonHole Land Trust in Wyoming, the Marin Agricultural Land Trust in California, The Nature Conservancy's land conservation efforts in California, and the Asphepoo, Combahee, and Edisto Basin project in South Carolina. These case studies demonstrate the critical role that private lands play in preserving larger regional ecosystems and illustratehow conservation easements protect the environment on private lands and enhance ecosystems on public lands. I. INTRODUCTION The future of land conservation and ecosystem preservation efforts will focus on private lands.