With the intent to create a lake for use in a hydroelectric project, defendant Michael Kiser’s grandparents granted a broad easement to plaintiff’s predecessor (Duke). The easement granted Duke “absolute water rights” and the right “to treat said 280.4 acres, ...

Tagged with: Real Property

Plaintiff, the purchaser of defendant’s mortgage, had a reasonable basis to believe home insurance was required for the mortgaged property because (1) in 2013, the defendant-borrower applied for a residential loan from the lender; (2) the lender’s appraisal took into ...

Tagged with: Real Property

The pedestrian easement along defendants’ property line now leads to a developed greenway rather than an undeveloped floodplain. This is immaterial because the purpose for which plaintiffs seek to use the easement says within the original intended scope of pedestrian ...

Tagged with: Real Property

In this inverse condemnation action, the plaintiff-landowner alleges that the defendant-Department of Transportation’s taking in a related case deprived plaintiff of reasonable access to and from its property, created a less aesthetically pleasing appearance, and diminished the value of plaintiff’s ...

Tagged with: Real Property

Even after the covenants establishing the plaintiff-homeowners’ association had expired (and this court ruled the obligation to pay dues contained therein could not be extended past 1992 by amendment), the defendant-homeowner continued to both pay the dues assessed by the ...

Tagged with: Real Property

On the issue of whether a trial court must balance equities before issuing a permanent injunction dealing with encroachment on or obstruction of an easement, our caselaw is wildly inconsistent. Staying as consistent with as much caselaw as possible, the ...

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Where (1) the plaintiff-property owners seek to prevent the defendant-city from demolishing their properties, (2) that relief would be available in an administrative action, and (3) plaintiffs did not exhaust their administrative remedies, the trial court lacked subject matter jurisdiction ...

Tagged with: Real Property

Before the plaintiff-bank’s predecessor refinanced the defendant-homeowner’s first mortgage and paid off the holder of the first mortgage, a judgment lien had been recorded against the home. When the property was subsequently sold pursuant to a judgment execution sale, plaintiff’s ...

Tagged with: Real Property

The defendant-lender offered to accept 80 percent of the plaintiff-borrower’s loan balances on four lots if plaintiff paid off its loans by 15 October 2020, but the lender’s loan servicer sent plaintiff pay-off statements for the period of 15 to ...

Tagged with: Real Property

The parties are three of seven Jordanian brothers; plaintiffs alleged an express trust in favor of plaintiff Ahmad El-Hatto and sought a constructive trust in favor of plaintiff Maher El-Hatto over residential property in Cumberland County. The basis for plaintiffs’ ...

Tagged with: Real Property