How Far Must the Owner of a Right-of-Way Easement Go to Maintain It?
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…
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…
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…
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…
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.,…
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…
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.…
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…