Court disputes relating to overburden can be found in early 20th century decisions, but the vast majority have been heard within the last 30 years.

Prescriptive easements can be as problematic in their extinguishment as in their creation.

Limiting liability is a legitimate concern for surveyors and for professionals across the spectrum. However, the privilege of professional recognition brings with it a heightened level of responsibility that cannot be avoided by quick disclaimers or clever denials.

The unfortunate truth is that easements — prescriptive or otherwise — have been treated as “poor relations” or insignificant side issues for centuries.

Easement disputes are on the rise across the nation, as illustrated by the ease with which they can be found in modern court records.

Many court disputes over easements created for transmission lines and other utilities involve easements that are not appurtenant to any particular tract, commonly known as "easements in gross."

Land use professionals have good reason to pay close attention to the twin concepts of "simultaneous conveyance" and "sequential conveyance."

Floating easements are problematic for surveyors because they only identify the subject tract that is burdened by the servitude and lack a written description defining the location within the tract.

Arguments involving retroactive legislation are common in modern courtroom disputes.