Archive | Prescriptive Easement

RSS feed for this section

Statutory warranty deeds

I don’t know how many real estate transactions involve a transfer of property by a statutory warranty deed. I suspect it must be close to 90%. How many sellers know that a statutory warranty contains warranties that they are making to the purchaser? How many sellers know that the purchaser might come back to them, [...]

Read full story Comments { 0 }

Adverse possession v. Prescriptive easement

Boundary disputes arise in many ways. However, at their core, they all share a common characteristic: a legal boundary line is being ignored. Provided that the boundary line has been ignored for the requisite period of time (usually ten years), the user can acquire title to the other’s property. What they acquire might be “fee [...]

Read full story Comments { 0 }