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…
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.…
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…
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…
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…