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…
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…
Beware CC&Rs — They Can Bite
In teaching Real Estate Transactions and Litigation to advanced Law and Business students at U.C. Berkeley’s School of Law, I find that one of the most…