Commercial Real Estate Blog by Madison
Tag Archives: trespass

Measure Twice, Close Once – The Importance of Accurate Survey Readings

By: Joseph Kipper, Senior Underwriting Manager, Madison Title

The old saying, “Measure twice, cut once”, certainly is useful for carpenters. One should double check measurements for accuracy before cutting a piece of wood, rather than rushing to cut and making errors which waste material. Aside from carpenters and tailors, there are other industries where accurate measurements are of supreme importance. Before purchasing real estate, it is important to obtain and examine the exact measurements of the property. Here’s why. Continue reading

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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

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