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…
CC&R “Subordination” Provisions and Lien Priority
In California, priority between competing liens on the same real property is usually determined by the “first in time, first in right” rule. Under that rule,…
A Lump Sum Payment of Delinquent Taxes Isn’t Enough for Adverse Possession
As detailed in prior posts here and here, to establish a claim for adverse possession, a plaintiff must prove the following elements: Possession must be by…
Adverse Possession and Prescriptive Easements Are Not The Same
In our prior post — Equitable Easements and “Innocence” — we covered a portion of the California Fifth District Court of Appeal’s opinion in Hansen v.…
Equitable Easements and “Innocence”
Aside from an express grant, there are a few other ways of obtaining easement rights over property owned by another. One such creature is an “equitable…
A Prescriptive Easement Can Expand the Scope of an Existing Granted Easement
There are several ways to acquire an access easement over the property of another. The simplest method is by an express written grant from the owner…
Money and Dirt: Reviewing 2017
Here is a look back at some of the top real estate and secured lending developments from 2017 covered here at Money and Dirt: The 2016…
California Supreme Court Settles Split of Authority re Implied Dedication of Private Property to the Public
In a 2015 post on Money and Dirt, we reviewed a then-recent Court of Appeal decision, Scher v. Burke, and discussed the split of authority among…
Equitable Easement Without Preexisting Use?
When a landowner whose parcel is landlocked needs to gain legal access to the property, an “equitable easement” is often the remedy of choice. An equitable…
Adverse Possession of an Easement: Mistakes, Gates, and Fences
Just as fee title to real property can be lost by adverse possession, the same is true with easements. In a recent opinion from California’s Sixth…