Does an Easement over an Unpaved Road Necessarily Include the Right to Pave?
Under California law, every easement includes the right to do such things “as are necessary for the full enjoyment” of the easement. This can include the…
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…
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…