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School Confirms Death Of Student Who Fell From Lagos Campus Hostel Rooftop” — Says Family’s Privacy Should Be Respected“EU Has Not Rejected INEC’s Invitation For 2027 Election Observation” — Ambassador Says Reports Are Speculative, Confirms Expert Mission To Nigeria“Trump Moves To Cut Universal Childhood Vaccine Recommendations” — Executive Order Draws Backlash From Doctors, Legal ExpertsAsset Forfeiture: Need To Establish Legitimacy Of Purchase FundsThe Advocate — Like NBA, Like Osun: Issues In Election Credibility“We Were Still Mobilising Officers; There Was No D-Day” — Col Ma’aji Says Alleged Coup Plot Was Driven By “Patriotism,” Seeks Pardon“Mali Army Says 40 Jihadists Killed In Attack On Military Base” — JNIM Claims Assault As Security Situation Worsens“AI Will Expand Human Capabilities, Not Make People Irrelevant” — Zuckerberg Says Invention, New Businesses Will Shape Future Of Work“EFCC Arrests Fake Operative In Maiduguri Over Alleged ₦3m Fraud” — Recovers Money, Says Suspect Paraded Himself As Commission Officer“Kano People Do Not Support Divisive Remarks” — Kwankwaso Condemns Sheikh Jingir’s Muslim-Muslim Ticket Comment Ahead Of 2027“FG Deploys Passport Intervention Team To UK” — NIS To Clear Pending Applications, Process Renewals For Nigerians In Diaspora“Police Kill Suspected Bandit Kingpin ‘Acid’ Linked To Imo Monarch’s Murder” — Recover AK-47, 56 Rounds Of Ammunition“NUPRC Approves Over $57bn Field Development Plans” — Says 22 Offshore Projects Could Attract Up To $50bn By 2030“Greenwich Merchant Bank Transforms Into Commercial Bank” — New Licence Expands Services To Retail, SMEs, Public Sector“Plateau Crisis Is About Identity, Land, Justice And Belonging” — Jang Says Unresolved Grievances, Leadership Failures Fuelled Decades Of Violence“NRS, JRB Issue New Guidelines On Crypto P2P Taxation” — VASPs To Withhold 1% On Virtual Asset Disposals“Lagos Police Probe Death Of Nigerian Law School Student At Victoria Island Hostel” — 23-Year-Old Allegedly Fell From Rooftop“Meter Manufacturers Drop Suit Against 1.55m Smart Meter Imports” — AMMON Says FG Talks Resolved Dispute In National Interest“NAF Airstrike Kills Nine ISWAP Fighters In Sambisa Forest” — Says Key Commander Abu Khalid Al Muhajir Neutralised In Precision Operation“INEC Extends Deadline For Parties To Submit 2027 Governorship, Assembly Candidates” — Suspends PVC Collection In Osun Ahead August 15 Poll“I Helped 10 Pregnant Women Deliver Babies Bare-Handed In Captivity” — Rescued Kwara Nurse Recounts Six-Month Ordeal With Terrorists“Court Orders Lagos Administrator-General To Take Over Labode Akindele’s Estate” — Late Billionaire’s Son Challenges Validity Of Will[REVEALED] NBA President Osigwe Rejected Ulegede’s 2015 Petition Against Gadzama, Says “No Basis To Further Inquire Into The Matter”“US Court Confirms Divorce Settlement Against Nigerian-Born Simon Guobadia” — Grants Porsha Williams Atlanta Mansion, $1.57m Reimbursement And Rolls-Royce Title“Ejike Ezenwa SAN Tours L.I.B.I Estate, Commends Lawyers’ Mass-Housing Investment Scheme” — AGC Promo Offers Plots From ₦24.5m, Prices To Rise After Conference“Lack Of Electricity Makes Population Double In Nigeria” — Fayose Says Darkness Leaves Rural Residents With Few Night-Time Alternatives“EFCC Can Freeze An Account For 72 Hours, But A State’s Statutory Account Is Different” — Ubani Says Govt Actions Are Subject To Citizens’ Scrutiny“Bank Of America Spends Over $250m Yearly On Weight-Loss Drugs For Employees” — CEO Says GLP-1 Coverage Is A Good Investment Despite Rising Costs“Police Report Implicates Budget Office, OAGF, HoS Officials In Fake DG’s ₦400m Fraud” — Seeks DPP Advice On Prosecution Of Five Govt Officers“The EFCC Froze Three Osun Government Accounts, Not One,” Court Document Reveals Wider Scope Of The Freeze“Tinubu, Wike, Akume, Others Allegedly Listed As PFIPC Board Members” — Reps Query FRSC Over Seven Official Number Plates“Trading Naira Notes, Off-Market Forex Cost Four Their Freedom” — Court Jails Baros, Injay, Suleimon, Sholanke“Ghana Court Convicts Two Nigerians Ndifon, Akong ” — Sentences Them To 20 Years Each For Trafficking 11 Compatriots“Court Sentences Final-Year Student To 25 Years For Rape Of 10-Year-Old Girl” — Orders His Arrest, Directs University To Withhold Certificate“Fraudster Is Using Justice Kanyip’s Identity To Seek Contracts And Payments” — National Industrial Court Warns Public“Only Lazy People Depend On Markets For Food” — Senator Nwaebonyi Tells Nigerians To Embrace Farming Amid Rising Prices“12-Hour Flight Delay Amounted To Breach Of Contract” — Court Orders Dana Air To Pay Lawyer ₦5.5m“Court Sentences Abdulshakur Tukur, Abdullahi Buba To Death By Hanging” — Convicted Over Ahmad Yakubu’s Murder“Army Graduates 1,178 Troops For Counter-Terrorism Operations” —Says Graduates Will Strengthen Newly Created Formations“Zamfara APC Senatorial Ticket: Court Reserves Judgment For August 31” — Shinkafi Challenges Ya’u’s Emergence“I’m Embarrassed A Lawyer Would Claim Documents Were Forged When No Court Has Said So” — Ogala, SAN Faults Allegations Against Tinubu’s Credentials“Tinubu Turned EFCC’s Osun Account Reversal Into Cheap Political Point” — Maduabuchi SAN Says AGF, Not President, Should Have Quietly Directed Action“The Homeland Is Not For Sale” — Protesters Clash With Police As Argentine Senate Debates Controversial Property Bill“Tinubu’s EFCC Directive One Of His Best Decisions” — Prof. Agbazuere Says Commission Is Under Executive Powers Of President“Trump Orders Crackdown On Birth Tourism” — New Executive Orders Seek To Deny Citizenship To Children Of Some Non-Citizens Born In US“Ex-Finance Minister Kemi Adeosun’s Husband, Anthony, Dies At 62”— Family Remembers His Faith, Integrity And Service“Adeleke, Osun Sue EFCC, First Bank For ₦2bn Over Frozen Statutory Account” — Seek Immediate Unfreezing, Perpetual Injunction“How Do You Not Go Through Primary And Secondary Certification But You Have A University Degree?” — Odinkalu Says Supreme Court Enabled The President’s Record“The Courts Have Made Two Things Plain: Freeze Accounts Only On Court Orders, And The EFCC Has Limited Powers” — Says Prof. Ajayi, SAN“Court Restrains UNICAL VC, Others From Interfering With Chaplain’s Rights” — Orders Status Quo In Chapel Of Redemption Dispute“Abacha Loot Was No Hoax; Abdulsalami Should Apologise And Quit Peace Committee” — Falana Says His Own Decree Confirmed Illegal Forfeitures“Oyebanji Awards Full Scholarship To Ekiti Spelling Bee World Champion” — Gifts Damilola Adeolu, School, Coach ₦5m“Court Of Appeal Bars EFCC From Investigating Fayemi, Ekiti Officials Over State Accounts” — Says Commission Cannot Ignore Subsisting Judgment“Let Osun Remain Peaceful” — Davido Urges Voters To Reject Violence, Appeals To Uzodimma Against Election Interference“Human Rights, Security Must Go Hand In Hand” — AGF Inaugurates NHRC–Police Liaison Framework To Strengthen Accountability“Tinubu Administration Is Not Seeking A One-Party State” — Akume Pledges Respect For INEC, Continued Dialogue With Catholic Bishops“PSC Deploys Eight Commissioners Of Police To States” — Appoints AIG Auwal Mohammed As Police Academy Commandant“Police Arrest Fifth Suspect Over Killing Of UNIJOS Graduate” — Command Says Victim Was Tied To Pole, Tortured By Mob“Many Nigerian Airlines May Collapse Within 30 Days Without Urgent Intervention” — Onyema Warns FG“US Moves To Revoke Citizenship Of 25 Naturalised Americans” — Three Nigerians Named As DOJ Launches Largest Coordinated Denaturalisation Push
Sat. Aug 15th, 2026

Exasperated Judge Posner Kills Easement Dreams for Landowner

  • Naira
  • February 18, 2016
  • 0 Comments
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Judge Posner, clearly exasperated by the procedural muck that was made out of a relatively routine easement case, killed the landowner’s dreams of establishing a prescriptive easement to a public road in the Seventh Circuit.

“The duration of this litigation,” he vented, is inexplicable and inexcusable — for it’s a pretty simple case!”

Easements

The case involved a landowner and the elements for valid easement for access to a public road. The plaintiff in question owned a parcel of 40 acres in Southwestern Indiana. Unfortunately, his land was completely surrounded by other landowners, cutting him off so there was no access to his land. He only gained ingress and exgress to and from his land because his neighbor who abutted his property to the north allowed him license to cross his land and gain access.

He filed a suit in 2001 to gain access to a main road which would have required him to cut through three plots of land immediately to his west. For reasons that befuddled the court, the case slogged through the justice system for 13 years before it finally got to the circuit.

Pretty Simple Indeed

Judge Posner’s frustration was justified: it is a simple case. The plaintiff sued under Indiana and federal law to establish that he had both a prescriptive easement and a claim for easement by necessity.

Experienced lawyers will see immediate issues here. First, the easement by necessity failed for the fact that it was clearly not necessary that the plaintiff have a new easement granted to the parcel in order to gain access — because he had access owing to the neighbor to the north. Easements by necessity are granted only if it is truly necessary to gain access to one’s land without breaking the law or trespass.

As for the prescriptive easement, there was a problem of title. The plaintiff contended that the heirs of the would-be burdened estates quitclaimed an easement to him. the problem is that other witnesses and owners of the other plots disputed this, and contended that the easement was actually sold to the Forest Service in 1967 — meaning there was nothing left to transfer to the plaintiff. And since a quitclaim carries with no guarantees of title, it was game over.

“And that’s it,” said judge Posner. Simple — right?

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