A Practical Guide to Disputes Between Adjoining Landowners--Easements
Provides expert substantive and procedural guidance for the entire range of disputes between landowners. Covers all the real property issues arising from proximity of property to neighbors or its use by others. Deals with easements; covenants running with the land; equitable servitudes; licenses; adverse possession; trespass; mines and mining; party walls; boundary disputes; nuisance; lateral and subjacent support; petroleum exploration, production, and storage; water rights; rights to airspace; landlord-tenant issues; public lands; and more. From overhanging apple trees to the right to connect a sewage system into a septic tank--it's covered here!
Each chapter follows a consistent format. After discussing the substantive legal issues, a chapter typically contains the following parts:
• Pleadings and proof: statute of limitations, burden of proof, presumptions, parties, and defenses.
• Remedies: self-help, injunctions, actions for damages, ejectment, and assumpsit.
• Practice aids: detailed checklists analyzing all aspects of the court actions available to a party in each type of dispute, and forms of agreements and pleadings--the checklists and forms are cross-referenced to the discussion in the earlier parts of each chapter!
Citation to case and statutory authority is plentiful. Footnotes are arranged according to jurisdiction, so you can easily spot the cases most useful to you.
Includes an entire chapter devoted to alternative dispute resolution and a detailed index.
First published in 1989.
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