“Equitable Easements in California” or “It’s Ok to Drive Over Your Neighbor’s...
Despite modern technology, good maps, title company preliminary reports and computerized indexes at the county recorder’s office, easement issues still arise in case law and in my practice area. The...
View ArticleHow Are Easements Created? Part Two.
Before discussing how to create an easement, we must understand what an easement is. An easement is a non-possessory interest for the use of real property belonging to another for some specific stated...
View ArticleHow Are Easements Created? Part One
Before discussing how to create an easement, we must understand what an easement is. An easement is a non-possessory interest for the use of real property belonging to another for some specific stated...
View ArticleClik here to view.
Easement Blogs
We’ve had some recent easement inquiries and thought, what better way to give our support network perspective than to share this free highly rated educational blog series? The attorneys at Brewer...
View ArticleNeighbor Law – How Are Easements Extinguished?
The more rural the property, the more likely it is that landowners who share a common boundary will have various rights of way or easements with their neighbors to accommodate hillsides, steep turns,...
View ArticleCan I Have My Neighbor’s Land?
As the economy has improved we have seen a steady increase in fence and boundary disputes. This is an increasingly common issue because when owners remodel their homes, a survey is sometimes required....
View ArticleCourt Limits Poorly Drafted Easement to Historical Use
The recent case of Rye v. Tahoe Truckee Sierra Disposal Co., Inc. affirms the long-standing principle in easement law that an express easement over a general area does not automatically provide the...
View ArticleTrespasser’s Injury Must be Greatly Disproportionate To the Owner’s Injury to...
The recent case of Shoen v. Zacarias further analyzed the equitable easement concept and what is required by a trespasser to obtain one. In Shoen, the Zacariases (hereinafter “Trespassers”) were...
View ArticleCommittee Offers Hope for Relief from Airplane Noise to Bay Area Residents
Beginning in early 2015, the Federal Aviation Administration (“FAA”) introduced a new program, NextGen, which rerouted flight paths in the South Bay and Peninsula in an effort to improve airport...
View ArticleHow to Prevent Losing Property via Adverse Possession or Prescriptive Easement
One of the topics we deal with most often pertaining to neighbor disputes are adverse possession or prescriptive easement claims. These are claims whereby one property owner claims that because of...
View ArticleAre Solar Easements Enforceable?
We previously wrote about view easements, a question we are often asked about. Notably, many clients believe they should have a right to view, but as our prior article discusses, the answer in that...
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