Litigation of disputes regarding easements is uniquely challenging. This is so because litigation of easement disputes typically presents a mixture of legal conundrums, factual disputes and human emotions.Such litigation often presents unique factual inquiries because historic reconstruction is necessary to determine the intent of parties long since departed and/or patterns of past usage of an easement.
When a party does not fulfill their required obligations, it is a breach of fiduciary duty and can result in a civil lawsuit. This can happen in the case of a power of attorney when it is determined that the agent's actions were not within the principal’s best interest.
In the case of a contract breach, one or both parties may sue for damages and/or to have the terms of the contract legally enforced. Ideally, disputes can be resolved in mediation before a lawsuit is filed. Binding arbitration is another form of alternative dispute resolution.
Division of Intellectual Properties has become one of the hottest areas in matrimonial law for high net worth individuals, including actors, athletes, artists and patent holders. Do you know how to deal with the royalties from the use of an athlete's likeness in a video game with an automatic renewal clause upon divorce? We do.
Property damage can either be negligent or intentional in nature. Negligent property damage is a result of someone acting irresponsibly. Intentional property damage occurs when someone sets out to deliberately break or otherwise damage someone else's property. The property can be anything from real estate, like someone’s home or office building, to personal property, like cars, electronics, and clothing. Someone who causes harm to someone else's property through negligence or intention may be liable for damages.