By Liesel Schmader, Crain’s Cleveland Business; April 9, 2018
People commonly think that regular and unimpeded access to a property creates a right of entry across another property owner’s land. The law refers to this as a prescriptive easement. However, a recent federal district court decision found that a federal law gives railroad companies unique treatment if certain conditions are met, quashing the otherwise valid prescriptive easement. The case came about because of a dispute between The Chefs’ Warehouse and CSX.
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