Tag Archives: Adverse Possession

Creating a Prescriptive Easement

All too often, a church neighbor will ask if they can install a gate between their property and that of the church parking lot so they can access their property for one thing or another, such as parking a boat or RV in their back yard. Most often however, the general public will use the church property as a “short-cut” when walking from one place or another. This article focuses on the later of the two and the possible creation of an easement. Easements: At its root, an easement is […]

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Eminent Domain and the taking of property

Eminent Domain and Inverse Condemnation Eminent Domain is generally referred to as the taking of real property (real estate) by a governmental agency for the benefit of the public with just compensation. Often is referred to as Condemnation. Taking: Eminent Domain is the actual taking, usually permanently, and is the government’s removal of physical possession of real property from the owner. However, even where the government agency does not physically take possession of the land, it may have placed such restrictions upon its use so as to constitute a temporary […]

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