May a property owner with access via an appurtenant easement located near a river be required to stabilize the riverbank?
Schneider v. Lane
Read More
Tag: easements
May a property owner use their easement on a neighbor’s property to transport their cannabis crop without the consent of their neighbor?
A California appeal court holds an easement for an illegal purpose is invalid.
Read More
May an owner of developable property encumbered by an undisclosed easement recover under a policy of title insurance the diminution in value based on the property’s highest and best use?
A California appeals court holds the property’s value under a title insurance policy is based on the highest and best use.
Read More
Form-of-the-Week: Solar shade control notice and notice of intent to alter shared boundary fence — Forms 322 and 323
A property owner uses RPI Forms 322 and 323 when notifying a neighbor about a solar installation or intent to alter a shared boundary fence.
Read More
May a buyer remove use restrictions from property they purchased?
Canyon Vineyard Estates v. DeJoria
Read More
Extinguishing an Easement
Extinguishing an easement through release, merger, destruction, forfeiture, prescription or abandonment.
Read More
Conduct Creates an Implied Easement
Requirements for establishing an implied easement without any prior agreement between the grantor and the grantee.
Read More
Created by Grant or Reservation
The written documents used to create an easement between benefitting and burdened properties.
Read More
Rights in Another’s Property
This is the first episode in our new video series covering easements. This episode introduces the tenement relationship between two parcels of real estate created by an easement.
Read More
Is the public entitled to an easement to use trails on a property whose owner continuously attempts to deter trespassers?
Tiburon/Belvedere Residents United to Support the Trails v. Martha Company
Read More
Word-of-the-Week: The Quick Tell-All about Easements
An easement is a right held by one property owner to use the land of another for a specific purpose.
Read More
Does an irrevocable license survive the transfer of property without notice to the successor owner?
Gamerberg vs. 3000 E. 111th St LLC
Read More
May the owner of a ranch obtain an equitable easement for use of private streets for access to their ranch when other means of access are unsafe?
Ranch at the Falls LLC v. O’Neal Facts: The owner of a ranch receives multiple deliveries and...
Read More
May the owner of a property burdened by an easement limit the dominant estate owner’s use based on historic use?
Zissler v. Saville Facts: A servient estate owner grants an appurtenant easement for access,...
Read More
May a property developer receive monetary compensation for land they dedicated to the government without a formal deed?
Prout v. Department of Transportation Facts: A land developer dedicates a highway-adjacent parcel...
Read More
May a property owner obtain a private easement for a pathway on a neighbor’s property that the owner has used for more than five years?
Ditzian v. Unger Facts: A property owner uses a pathway on their neighbor’s noncoastal property to...
Read More
Does a property owner impliedly dedicate their noncoastal pathway to the public after the formal dedication of an adjacent pathway?
Mikkelsen v. Hansen Facts: A path is located on portions of two separate noncoastal subdivisions....
Read More
Resources
Education
Get to know us
Products & Services
