California Supreme Court: Parties to a Real Estate Transaction Can Create Implied Exclusive Easements
This post was authored by Daniel Zarchy, a “Rising Star” for five of the past six years who is a litigation attorney at Patton Sullivan Brodehl…
Interpreting the Scope of Mineral Rights Reservations
One of the first lessons in every first-year real property law class is that property rights are commonly referred to as a “bundle of sticks” that…
Easement Considered Abandoned When Authorized Use No Longer Has Practical Value
As properties age, it is not uncommon for lingering easements to exist on record which were originally created to serve needs that no longer exist or…
“Business Judgment Rule” Applies to HOAs
California’s common law “business judgment rule,” as described by the courts, protects from court intervention “those management decisions which are made by directors in good faith…
Easements and the “Merger” Doctrine
Under California’s easement “merger” (merger of title) doctrine set forth in Civil Code sections 811 and 805, an easement (or servitude) is “extinguished” by “the vesting…
How to Establish an Equitable Easement
Most easements are created by a recorded instrument. Not so with one of the more exotic species of easement — the “equitable easement.” A case recently…
Remedies for Trespass by Encroachment
This post was authored by Zachary B. Young, a “Rising Star” for four years running who was recently elevated to Partner at Patton Sullivan Brodehl LLP.…
Deed Language Defines the Scope of a Reserved Easement
Under California law, a grant deed is generally understood to transfer the entire fee title interest in real property, unless it expressly states otherwise. (See, e.g.,…
HOAs vs. ADUs
Accessory dwelling units (ADUs) have become popular during the run up in California real estate values. ADUs have been touted for several benefits, including increasing housing…
Is an Irrevocable License Binding on a Purchaser?
A landowner grants a license by allowing someone else to use the land. A license can be created by express permission, or by acquiescence (allowing the…