Perspective
Oct. 10, 2012
Decision further expands 'equitable easement' concept
The 2nd District held that encroachment or continuous use of another person's property is not required to establish an easement based on the equitable easement concept. By Robert Schachter
The legal rights associated with an easement were codified in California Civil Code Section 801 in 1872. By statute, an easement is defined as a "burden or servitude upon land," such as a right-of-way, in favor of another party. That is, an easement is an interest in the land of another that gives the owner of the easement the limited right to use the property or to prevent the property owner from using his or her own property. Secti...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In