Easement Cannot be Granted on Inconsistent Theories
An easement — an interest in the land of another entitling the easement owner to a limited use or enjoyment of another’s land — can be…
An easement — an interest in the land of another entitling the easement owner to a limited use or enjoyment of another’s land — can be…
California law is clear that the owner of a private right-of-way easement has a duty to maintain the easement. What is less clear is how far…
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…
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…
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…
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…
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.,…
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…
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…
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.…