Private Access to Public Rights-of-Way

• Overview
• Credits

Gain a better understanding of land rights access issues for rights-of-way or easements held by public or private entities.Gain a better understanding of land rights access issues for rights-of-way or easements held by public or private entities. Learn about different types of easements and how these various easements get created. You will also learn about the use of easements, including, but not limited to, maintenance and repair obligations, the scope of use, and potential liability arising out of the use of easements. Lastly, you will learn how easements are terminated and review real-life case examples of boundary and easement disputes and what legal remedies are available to address concerns related to these types of disputes.

Authors

Agenda

Types of Easements

• Definition and Nature of an Easement

• Appurtenant Easements

• Easement in Gross

• Easements for Light, Air, or View

• Private Easements vs. Public Easements

• Riparian Rights

Formation of Easement Rights

• Express Grant or Reservation

- Public Utility Easements

- Rights-of-Way

- Road Easement

• Implied Grant or Reservation

• Easements by Necessity

• Prescriptive Easements

• Recorded Covenant

• Dedication

• Condemnation

• Equitable Easements

• Irrevocable Licenses

Use of the Dominant Estate

• Location of Easements

• Scope of Use

• Servient Tenement Rights

• Maintenance and Repair Obligations

- Dominant Tenement

- Servient Tenement

Duty and Liability Regarding Encroachments on Dominant or Servient Estate

• Trespass and Nuisance

• Irrevocable Licenses

• Equitable Easements

• Ejectment

Liability for Injuries to Persons Within

• Duty to Third Parties

• Private Easement in a Public Street

Termination of Easements

• Release

• Merger

• Destruction of Servient Tenement

• Prescription and/or Adverse Possession

• Overburdening an Easement

• Abandonment

• Nonuse

• Foreclosure

Legal Remedies

• Quiet Title

• Ejectment

• Declaratory Relief

• Trespass or Nuisance

• Injunctive Relief

Case Studies/Examples

• Gomez v. Coronado - Dispute Regarding Use of Driveway

• Shoen v. Zacarias - Dispute Regarding Physical Encroachments

• Yadkarim v. Ninety Seven 14 Holcomb LLC - Dispute Regarding Use of Side Yard and Fence Encroachment

• Arterberry v. Russell - Dispute Regarding Physical Encroachments

• 5170 W. Adams v. Garcia, et al. - Dispute Regarding Access Easement