Wednesday, December 26, 2007

Responses to Penalver & Katyal's Property Outlaws

The Pennsylvania Law Review's PENNumbra has posted three responses to Eduardo Penalver & Sonia Katyal's Property Outlaws.  The responses are Order with Outlaws by Lee Anne Fennell, Property In-Laws, by Nicole Stelle Garnett, and Lessons from Outlaws, by Laura S. Underkuffler.

Fascinating stuff.

Ben Barros

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December 26, 2007 in Property Theory, Recent Scholarship | Permalink | Comments (0) | TrackBack (0)

Prescriptive Easement Beach Access Case From My Hometown

From the Boston Globe:

In a case that may send legal ripples across the South Shore, some Hingham homeowners have won the right to use a crescent-shaped sliver of beach, defeating property owners who erected a locked gate and tried to deny them access.

The three-year legal battle ignited a storm of controversy in the quiet Crow Point section of town, pitting neighbor against neighbor in a battle over who could use the rocky beach, which has spectacular views of the harbor and its islands.

The Dec. 12 ruling by Land Court Judge Alexander H. Sands III was in some ways a split decision. He ruled that the plaintiffs had no deeded rights to the beach. However, those who had used the beach for 20 years or more had established a right-of-way and could continue using it.

The ruling meant that seven families obtained an easement to the beach, while three families did not, including one family that had used the beach for 19 1/2 years. The easement continues with their houses when they are sold.

Ben Barros (Hingham High School '87)

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December 26, 2007 in Land Use, Recent Cases | Permalink | Comments (1) | TrackBack (0)