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Equitable Easements

Perkins Coie

Court Upholds Equitable Easement Between Neighbors in Property Line Dispute

Perkins Coie on

The court reversed a decision to grant an implied easement between two homeowners but upheld granting an equitable easement. Romero v. Shih, 78 Cal. App. 5th 326 (2022). The two parcels in question were owned originally...more

Patton Sullivan Brodehl LLP

How to Establish an Equitable Easement

Most easements are created by a recorded instrument. Not so with one of the more exotic species of easement — the “equitable easement.” A case recently published by California’s Second Appellate District — Romero v. Shih...more

Ervin Cohen & Jessup LLP

Unsettled Ground for Prescriptive and Equitable Easements

Feeling entitled, or deserving or just plain covetous? You have discovered that you are encroaching on your neighbor's property. In California, two inconsistent doctrines can apply to allow you to continue using your...more

Carlton Fields

Real Property, Financial Services & Title Insurance Update: Weeks Ending June 5 & 12, 2015

Carlton Fields on

REAL PROPERTY UPDATE - Lien Priority: claimant’s judgment lien related back to recording of lis pendens and therefore took priority over competing judgment lien obtained after lis pendens but before entry of claimant’s...more

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