Summary The Court of Appeals of Washington held that a lot owner was barred from claiming ownership of a strip of land after representing that the land was part of the adjacent lot, building a fence along the supposed boundary, allowing the adjacent lot owner to maintain and landscape up to the fence, abandoning the […]
2021 Senate Bill 283 is being proposed to create Section 710.20 of the Wisconsin Statute relating to the maintenance and repair of private roads with access easements. Essentially the bill, if passed into law, would require all persons that have a right to use a private road or driveway to contribute to the maintenance and
Wisconsin 2021 Senate Bill 283 – Maintenance and Repair of Private Roads Read More »
Facts This case involved a dispute between the owner/operator of a golf course and the owners of adjacent property in a residential community. Originally all the land was owned by one entity, that then sold lots overlooking the golf course at a premium. The deed for the property in the residential community described the property
Facts A dispute arose between four condominium associations within a master association as to obligations to pay for the maintenance, repair and upkeep of a roadway easement. The road connected the four condos and other properties. The master deeds for each association were recorded in the 1970s. In 2013, Plaintiff, Bayberry Group, Inc. (“Bayberry”) sought
Road Maintenance – Who Pays? (Duties under Association Documents and Case Law) Read More »
Picture this: an urban condominium complex and neighboring apartment building, built by the same developer, with one parking garage between the two. The condominium owners were led to believe that the garage belonged to them as a common element; however, just before turning over control to the unit owners, the developer/declarant secretly recorded an easement
Turnover From Developer—Unfair Easement Read More »
Facts The dispute in this case centered on what rights owners of lots that did not have frontage on a lake (“Non-Lake Lot Owners”) had to place a dock in the lake based on the restrictive rights for their homeowner’s association (“HOA”) which were recorded in 1922. The HOA consisted of 146 lots. All Non-Lake
HOAs & Riparian Rights-Can I Put a Dock Here? Read More »
Two of the three lot owners in a subdivision had a dispute over a driveway easement and boat slips. Lot 2 was contracted to be sold first and it included a driveway easement on Lot 1 and Slip A (the one with the boat lift). When Lot 2 was deeded, however, Slip C was on
Driveway Easement and Boat Slips – Expensive Fighting Read More »
