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November 2011
Real Estate Litigation 101:  Easements

 Man Real Estate Paper

Neighbor boundary disputes and other real property litigation often involve claims of easements.  Not even all real estate lawyers are clear on what constitutes an easement and how to establish a claim of easement.  This article discusses what easements are and are not, and how to establish or defeat a claim for an easement.

An easement is an interest in the land of another, which entitles the owner of the easement to a limited use or enjoyment of the other's land.  Notice right up front that the land is owned by "another", meaning an easement is not a claim of ownership.  An easement creates a nonpossessory right to enter and use land in another's possession and obligates the possessor not to interfere with the uses authorized by the easement.

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LTW and Coach K 

On Tuesday night, Coach Mike Krzyzewski ("Coach K") coached his 903rd basketball victory, making him the winningest coach in Men's Division 1 basketball.  Having graduated from Duke, watched Coach K coach for the last 25 years and twice attended Coach K's Leadership Conference at Duke's Fuqua School of Business, I am an unabashed fan of Coach K and his incredible team building ability.  Here are some quotes from Coach K and congratulations to Duke and to Coach K for their legacy of excellence.

 

COOPERATION - "People want to be on a team. They want to be part of something bigger than themselves. They want to be in a situation where they feel that they are doing something for the greater good."

  

EXCELLENCE "Everything we do has our own personal signature one it. So we want to do it as well as we possibly can."

 

LEADERSHIP - "Almost everything in leadership comes back to relationships."

LEADERSHIP - "People are not going to follow you as a leader unless you show them that you're real. They are not going to believe you unless they trust you. And they are not going to trust you unless you always tell them the truth and admit when you were wrong."

Nadine Watt and Laine at the Boy Scouts Character Gala where Laine was honored as an Eagle Scout



Mike Birkholm and Laine at LA5 Rotary Meeting with Antwone Fisher
Laine at YMCA Hoover Elementary 2
Davis Gaines (who played the title role in The Phantom of the Opera) and Laine at a Rotary service day at the YMCA's Hoover Elementary School after-school program


Laine and JJ at USC game
James Wagenseller and Laine at USC's homecoming game




 

What's New...
 
Settled at 9:30 pm on the night before trial...
 
Gas TowerWe have been vigorously defending our client in a real estate "resulting trust" case, in which the plaintiff claimed to have invested with her mother (our client) over 30 years ago and now claimed an ownership interest in one of her mother's Beverly Hills apartment buildings.  After we discovered an old legal document in the Los Angeles Superior Court archives that destroyed plaintiff's case, we were able to settle the case with just hours to go before the start of trial.

Wholesale Mortgage Case Settled...
In another case, we were able to appear on the day of trial with a mutually beneficial settlement for both parties.  Our client, a wholesale mortgage originator in Tennessee was sued on a Loan Repurchase Agreement by Countrywide Home Loans.

Fraudulent Conveyance 
We have been hired by a client to defend against a claim that the client is the beneficiary of a fraudulent conveyance.  We are seeking the dismissal of the case on collateral estoppel grounds in that the non-liability of the conveyor was already determined in a prior lawsuit.

Continuing...
We continue to represent homeowners in a boundary dispute with adjoining property owners...to represent two brothers in a partition lawsuit with their younger brother over the ownership and sale of two apartment buildings...to assist the seller of an apartment building over claims of fraud, non-disclosure and breach of contract...to assist a home buyer in the purchase of a new home...to represent a shopping center owner in an ADA (disability) claim...and to assist a client with a breach of lease lawsuit over a retail space on Melrose Avenue.


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At Wagenseller Law Firm we specialize in real estate litigation (boundary disputes, partnership lawsuits, breach of lease, commercial landlord-tenant issues and other property related litigation) and business litigation (corporate governance, fraud, collections and commercial litigation).  For more information, please visit our website at www.wagensellerlaw.com.  We always appreciate your client referrals, speaking opportunities and business prospects.  I would love to talk to you about how we can help each other build our businesses.

 

Sincerely,

 

Laine Wagenseller

 

Wagenseller Law Firm / 555 W. 5th St., Fl. 31 / Los Angeles, California 90013 /