Is a recorded easement eliminated by a prior common ownership of two parcels when one parcel was mortgaged, foreclosed, and sold to the current owner?
Tariwala v. Mack
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Tag: easements
May a buyer remove use restrictions from property they purchased?
Canyon Vineyard Estates v. DeJoria
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Extinguishing an Easement
Extinguishing an easement through release, merger, destruction, forfeiture, prescription or abandonment.
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Conduct Creates an Implied Easement
Requirements for establishing an implied easement without any prior agreement between the grantor and the grantee.
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Created by Grant or Reservation
The written documents used to create an easement between benefitting and burdened properties.
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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.
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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
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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.
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Does an irrevocable license survive the transfer of property without notice to the successor owner?
Gamerberg vs. 3000 E. 111th St LLC
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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...
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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,...
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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...
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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...
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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....
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May an easement be extinguished by adverse possession when property taxes are not timely paid?
McClear-Gary v. Scott Facts: The owner of a property holds an easement over the servient property....
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Can a negligently encroaching land owner seek a prescriptive easement over the neighboring property?
Hansen v Sandridge Partners, L.P. Facts: Without confirming the boundary of their property, a...
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Does an owner dedicate their noncoastal property to the public through implication when the public openly uses it for greater than five years?
Scher v. Burke Facts: A residential property owner’s noncoastal property contains a road which...
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City Council approves Newport Beach residential encroachments
Beachfront homeowners in Newport Beach have an encroachment problem.
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Letter to the Editor: Is a prescriptive easement the same as adverse possession?
Question: How is a prescriptive easement made? Does someone have to commit adverse possession?...
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