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A Practical Guide to Disputes Between Adjoining Landowners--Easements

A Practical Guide to Disputes Between Adjoining Landowners--Easements

Provides expert substantive and procedural guidance for the entire range of ...


Availability: In Stock
Publisher :Matthew Bender
Format: 2 Volumes; Looseleaf; updated annually. , BOOK

ISBN: 9780820510606

 
$331.00
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    Provides expert substantive and procedural guidance for the entire range of disputes between landowners. Covers all the real property issues arising from proximity of property to neighbors or its use by others. Deals with easements; covenants running with the land; equitable servitudes; licenses; adverse possession; trespass; mines and mining; party walls; boundary disputes; nuisance; lateral and subjacent support; petroleum exploration, production, and storage; water rights; rights to airspace; landlord-tenant issues; public lands; and more. From overhanging apple trees to the right to connect a sewage system into a septic tank--it's covered here!

    Each chapter follows a consistent format. After discussing the substantive legal issues, a chapter typically contains the following parts:

  • Pleadings and proof: statute of limitations, burden of proof, presumptions, parties, and defenses.
  • Remedies: self-help, injunctions, actions for damages, ejectment, and assumpsit.
  • Practice aids: detailed checklists analyzing all aspects of the court actions available to a party in each type of dispute, and forms of agreements and pleadings--the checklists and forms are cross-referenced to the discussion in the earlier parts of each chapter!
  • Bibliography

    Citation to case and statutory authority is plentiful. Footnotes are arranged according to jurisdiction, so you can easily spot the cases most useful to you.

    Includes an entire chapter devoted to alternative dispute resolution and a detailed index.

    First published in 1989.

    •  

    Backman, James H.


    James H. Backman is a professor of law at the J. Reuben Clark Law School at Brigham Young University in Provo, Utah. He has been a professor since May 1974. Mr. Backman's principal areas of teaching are in property and real estate finance. He has also taught banking and public lands/natural resources. Mr. Backman also administers the legal externship programs for law students and has developed several creative pro bono projects under the law school's LawHelp program. Mr. Backman graduated from Harvard University with a B.A. magna cum laude in German Literature in 1969 and received his J.D. degree from the University of Utah College of Law in 1972.

    David A. Thomas


    David A. Thomas is the Rex E. Lee Endowed Chair and Professor of Law Emeritus at Brigham Young University's J. Reuben Clark Law School, where he taught from 1974-2010. He earned his J.D. at Duke University Law School, and following graduation, served a federal judicial clerkship and practiced law in Salt Lake City, before joining the faculty at BYU. As a teacher of both property and civil procedure courses, he has effectively combined theory and practice in conducting real property transactions and dispute resolution. He is a member of the real property sections of the ABA and Utah State Bar, where he has served on a variety of committees and been the reporter on significant legislation. Professor Thomas has published extensively on real property, civil procedure, and common law legal history topics.

     

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