Proof for Prescriptive Easement Same as Adverse Possession
HOW IS AN EASEMENT BY PRESCRIPTION ACQUIRED? A person can acquire a prescriptive easement if he uses someone else’s land in a manner that is adverse, open and notorious, continuous, […]
HOW IS AN EASEMENT BY PRESCRIPTION ACQUIRED? A person can acquire a prescriptive easement if he uses someone else’s land in a manner that is adverse, open and notorious, continuous, […]
Texas law recognizes multiple types of easements. One of the most nebulous of these is an easement by estoppel. Easements by estoppel are unique because they are implied (not […]
RAILROAD COMPANY’s DUTY TO WARN Railroad companies have a general legal duty “to give adequate warning of approaching trains, given whatever obstructions or other conditions exist.” Mo. Pac. R.R. Co. […]
Why Study the Jury Charge? Before taking a case to trial, or even filing a lawsuit, it is critically important to understand the specific questions that jurors will be asked […]
START FROM THE END, BEFORE YOU EVEN BEGIN My next several posts to this BLOG will explore the substance of the specific Questions that Texas juries are asked to decide […]
PERMANENT OR TEMPORARY INJURY – WHY IT MATTERS Injury resulting from damage to land is characterized as Permanent or Temporary. This is true whether the injured party asserts a claim […]
OBJECTIVE OF RES JUDICATA OR CLAIM PRECLUSION “The doctrine of res judicata, also known as claim preclusion, bars lawsuits that arise out of the same subject matter as a prior […]
REQUIRED PROOF FOR ADVERSE POSSESSION – TITLE THROUGH PASSAGE OF TIME & OTHER PROOF Under Texas law, adverse possession requires “an actual and visible appropriation of real property, commenced and […]
REQUIRED SHOWING FOR TRESPASS CLAIM In order to prevail on a claim for Trespass to real property, a Plaintiff must show an unauthorized physical entry onto his property by some […]
Boundary disputes are common. So too, are survey discrepancies and disagreements among surveyors as to the precise location of property boundaries. SURVEYS NOT ALWAYS RELIABLE OR UNDERSTANDABLE Surveying is as […]
Texas law protects an owner of land from damage — even insignificant damage — caused by runoff of water from a neighboring property. Both compensatory damages and injunctive relief are […]
ARE MULTIPLE LAWSUITS BETTER THAN ONE? An important component of litigation strategy in disputes involving multiple parties or multiple claims involves deciding which claims and parties to include in a […]
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