By jbwright | Published August 3, 2020 | Posted in Boundaries, Easements, Real Estate, Surveying | Comments Off on The Importance Of Historical Use In Boundary Disputes
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Blanket Easements
A Blanket Easement Defined. Sometimes an easement grant recites a right to use the land for a limited purpose, but does not designate the bounds or footprint to be employed for that purpose. This is called a “blanket form” easement.[1] We often see the blanket form used for utility easements (e.g., electrical power lines, cable, Read More
Read MoreEasements: General Principles
From time to time I’m called on to help resolve disputes about easements, whether utility easements (e.g., pipelines or power lines), right of way or access easements (e.g., roads or trails through the land of another), or other classes of easements (e.g., drainfields). Often, there are questions or disputes about what was intended when the Read More
Read MoreInsurance Coverage For Rule 82 Attorney’s Fees
In recent blog posts, I’ve described Alaska’s unique rule that a prevailing party is entitled to an award of partial reasonable attorney fees. Liability insurers writing in Alaska are generally required to provide supplementary payments coverage for Civil Rule 82 attorney’s fees. Limits on that coverage must be clearly stated in the insurance policy, using Read More
Read MoreThe Taxing of Attorney Fees In A Civil Lawsuit – Part 2
In Part 1, we explained the basic rule governing an award of attorney’s fees to the prevailing party[1] in a lawsuit. In Part 2 we’ll discuss the factors approach, by which the court can vary awards, lower or higher than the presumptively reasonable formula. Alaska Rule of Civil Procedure 82(c) provides that the court may Read More
Read MoreThe Taxing Of Attorney Fees In A Civil Lawsuit – Part 1
In Alaska, a prevailing party will generally be awarded part of their attorney’s fees in civil litigation. This award of attorney’s fees is usually governed by Alaska Rule of Civil Procedure 82. Rule 82 provides a method to compute a reasonable amount of an attorney fees award based upon the amount of principal plus interest Read More
Read MoreAlternatives to a Lawsuit: Mediation and Arbitration
The courts are closed due to the COVID-19 pandemic. This does not mean we cannot file lawsuits or submit motions and briefs. The judges and staff are working behind closed doors. It does mean that evidentiary hearings and trials are on hold. And, when the courthouses open to the public, there will be a backlog. Read More
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