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Upcoming Events

ALM Staff & Law Journal Newsletters

SXSW Music and Media Conference and Festival 2005 CLE Program, sponsored by SXSW. In Austin, TX, March 18-19. Will cover music law year in review, live performance and touring issues, alternative digital deals, artist career co-ventures, structuring agreements in the music industry and legal ethics in the digital age. For further information: 512-467-7979 or www.sxsw.com. …

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IP News

Compiled by Eric Agovino

Highlights of the latest intellectual property news from around the country.

Features

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Index

ALM Staff & Law Journal Newsletters

Everything that's contained in this issue, in one easy list.

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Cooperatives & Condominiums

ALM Staff & Law Journal Newsletters

Recent cases of importance to you and your practice.

Features

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Development

ALM Staff & Law Journal Newsletters

All the latest cases for your review.

Features

The Uncertainties of the 'Unopened' Easement Image

The Uncertainties of the 'Unopened' Easement

Eric D. Cherches, Alan M. Tarter, & Andrew N. Krinsky

Although New York courts have long-recognized that "an easement created by grant may be extinguished by adverse possession" (<i>See Harlem Commonwealth Council, Inc. v. Thomas Memorial Wesleyan Methodist Church</i>, 10 A.D.3d 572 (1st Dep't 2004); <i>Spiegel v. Ferraro</i>, 73 N.Y.2d 622, 625 (1989); <i>Gerbig v. Zumpano</i>, 7 N.Y.2d 327 (1960)), a different rule has been applied to "unopened" easements -- <i>ie</i>, easements that have been created by grant but have remained unused. Generally, a possession will not be deemed adverse to an unopened easement or right of way until three conditions have been satisfied. These conditions are: 1) the need by the easement holder for the right of way has arisen; 2) a demand has been made by the easement holder that the right of way be opened; and 3) the servient tenant (property owner) has refused the demand. <i>Castle Associates v. Schwartz</i>, 63 A.D.2d 481 (2d Dep't 1978).

Features

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Landlord & Tenant

ALM Staff & Law Journal Newsletters

Recent rulings you need to know.

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Real Property Law

ALM Staff & Law Journal Newsletters

The latest rulings.

Features

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Bush Plan for Electronic Record System Gains Momentum

ALM Staff & Law Journal Newsletters

In April 2004, President Bush called for development of a nationwide electronic health records system that would include most Americans' health data within 10 years. He took some steps then to get the ball rolling, but funding for the program was cut in November as part of a plan to balance the federal budget. However, in the first months of 2005, Bush renewed his push for reforms, which he asserts will cut health care costs and reduce medical errors.

Features

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Verdicts

ALM Staff & Law Journal Newsletters

Recent rulings of importance.

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