Monday, November 14, 2011

Warsaw v. Chicago Metallic Ceilings, Inc. case brief

Warsaw v. Chicago Metallic Ceilings, Inc.

Chicago Metallic Ceilings (P) sued Warsaw (D) in a dispute over a prescriptive easement.

Is one who acquires a valid prescriptive easement over another's property required to compensate the person for
1) Fair market value of the easement, or
2) The cost of removing or relocating any encroaching structures which interfere with the use of the easement?


The court stated that an easement exists and that D should be required to tear down the warehouse and the P does not have to compensate D for the easement.  

-The party claiming a prescriptive easement must show use of the property which has been open, notorious, continuous, and adverse for an uninterrupted period (5 years in advance).
-There must exist a definate and certain line of travel for the statutory period.
-Slight deviations will not defeat the easement.  Substantial changes which break the continuity of the course of travel will destroy a claim to prescriptive rights.
-Continuous use of an easement over a long period of time without the owner's interference is presumptive evidence of its existence.


-Hostile:  Did party refuse to grant an easement? 
     No permission was given or contemplated.
Was an encroaching structure willfully erected with knowledge of the claimed easement?
     Mandatory injunction + costs (even if great) may be issued by the court.
-An easement may be obtained without incurring any liability to the underlying property owner.
-Title by prescription is sufficient against all (in rem)

-A prescriptive easement exists where the party seeking access to the land has maintained (1) open, (2) notorious, (3) continuous, and (4) adverse use of a path over the land.
-The path should be well-defined, but it does not need to remain absolutely the same from use to use. -The facts established the existence of an easement in favor of D.
-The truck drivers regularly used a specific portion of D’s land to access P’s loading docks. Although no two drivers traversed exactly the same path, the trucks followed a consistent route over the land. D has no right to complain about having to remove his warehouse because it continued to build the warehouse even after P sued. D therefore gambled on the outcome of the litigation and he lost.
(This is not a case in which one landowner has accidentally intruded upon the land of another).
Since a prescriptive easement has been established, it would be inappropriate to require P to compensate Warsaw.
-The law of easements is designed to reduce litigation and to stabilize longstanding uses of property. This purpose would not be served if D was allowed to demand compensation.


The Most Valuable Study Material You Can Buy This Year!

I have compiled all the information that has helped me excel in law school and I want to share that information with you.  My methods have helped literally hundreds of other law school students, and now they can help you too.  I did not study law before starting law school, nor did I come from a distinguished background.  I was the first in my family to graduate college and I knew virtually nothing about law school before my first day of class.  However, I was able to find success by reading literally hundreds of sources on law school strategies and by applying those methods and others that I have learned throughout life on achieving my dreams.

Success in Law School can be a reality.  Stellar Grades, Transfer Opportunities, The Best Jobs, and More!  There is no reason why you should not consider taking the time to read the method that the top students in your class are undoubtedly using.  Get ahead of the competition!

Even if you are a second or even a third year student, my methods can drastically raise your GPA and greatly improve your marketability.  While some may say that the law school GPA does not matter in the third year, the reality is that employers do take a very serious look at one's law school GPA and in this economy, you need to be as marketable as possible.Do you want to know how to study for a final exam?  Do you want to find the secrets to answering the questions on exams?  What are professors looking for when they grade exams?  Do you want to know how you can find out the questions that your professor will ask?  What are some strategies that a law student can use to find out what a professor is looking for when he/she asks a question that you should be able to know in advance that he/she will ask?

If you want to succeed in law school, if you are serious, than there is no reason why you should not read this book: How to Win at Law School: Setting Goals for Law School Success!

No comments:

Post a Comment

The Ins and Outs of Class Action Lawsuits: A Comprehensive Guide

Sometimes, you may buy a product only to find it defective. To make it worse, your search for the product reveals mass complaints. You can ...