Civil Litigation,
Law Practice,
9th U.S. Circuit Court of Appeals
May 31, 2017
Easement granted despite no prior use of property
A recent California Court of Appeal opinion granted an equitable easement over a neighbor's property when the land had never been used by the neighbor.
Jonathan C. Sandler
Shareholder
Brownstein Hyatt Farber Schreck LLP
2049 Century Park E Ste 3550
Los Angeles , CA 90067
Phone: (310) 500-4600
Fax: (310) 500-4602
Email: jsandler@bhfs.com
Loyola Law School
Beth A. Collins-Burgard
Brownstein, Hyatt, Farber & Schreck
1020 State St
Santa Barbara , CA 93101-2706
Phone: (805) 882-1419
Fax: (805) 965-4333
UCLA School of Law
Hillary H. Steenberge
Brownstein Hyatt Farber Schreck
1020 State St
Santa Barbara , CA 93101
Phone: (805) 963-7000
Fax: (805) 965-4333
Email: hsteenberge@bhfs.com
U Virginia School of Law
A recent California Court of Appeal opinion granted an equitable easement over a neighbor's property when the land had never been used by the neighbor. In Hinrichs v. Melton, 2017 DJDAR 4168 (May 3, 2017), the Court of Appeal fashioned an equitable easement despite no preexisting use of the servient owner's property because the neighbor's property needed access and the court determined that the neighbor's property provided the most equitable access. The decision expands C...
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