Commercial Real Estate Blog by Madison
Tag Archives: prescriptive easement

The Primary Difference between a Prescriptive Easement and Adverse Possession is the Intent

By: Terence Guerriere, Esq., Senior Vice President, Madison Commercial Real Estate Services

Have you ever pulled up to a shopping center to run a quick errand, and discovered that there is nowhere to park? Rather than give up on the idea of sesame chicken, did you park your car in the connecting shopping center next door, and then walked over to pick up your Chinese takeout? If so, you took advantage of a prescriptive easement.

It is very commonplace in suburban America to find parking lots that run into each other, effectively allowing a driver to move from one shopping center to another without needing to use the nearby road.
What is less common is the understanding of the difference between prescriptive easements and adverse possession. Continue reading

Tags: , , , , , , , , Leave a comment

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

Tags: , , , , Leave a comment
WordPress Appliance - Powered by TurnKey Linux