Commercial Real Estate Blog by Madison
Tag Archives: permissive use signs

Title Guys in Cars talking Hockey… and Prescriptive Easements

By Samuel M. Shiel, Esq., Director of National Title Services and Senior Underwriting Counsel for Madison Title Agency

As a young boy, there were three things I enjoyed most… hockey, cars and title insurance. Even to this day, I keep myself busy with these same interests. In the spirit of Jerry Seinfeld’s melding his interests into a web-only show, “Comedians in Cars Getting Coffee”, I thought I would take a shot at blogging about these three loves of mine.

I was about eight years old when hockey became my passion. It started with collecting hockey cards, playing road hockey and becoming a fan of the three-time Avco Cup champion Winnipeg Jets. (That’s right. Google it!) All the while I was studying the intricacies of title insurance while obsessing over my very first love, the automobile.

One day in the fall of 1977, my buddies and I were playing a game of street hockey in a nearby public park we frequented quite often. As was the norm, an angry neighbor came to protest for the umpteenth time that our puck (read tennis ball) landed on his property. Needless to say, I could think of only one thing: the recent decision in the matter of MacDonald Properties, Inc. v. Bel-Air Country Club , 72 Cal.App.3d 693 [Civ. No. 49715. Court of Appeals of California, Second Appellate District, Division Two. August 15, 1977.] The case involved prescriptive easements… Continue reading

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