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Easements

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Sonoma Land Trust v. Thompson (2021)

Plaintiff successfully sued defendant for violating a conservation easement on his property.  The trial court awarded plaintiff $2.9 million in attorney fees for five years of hard-fought litigation and a 19-day trial.  This decision affirms the award.  Plaintiff could recover fees for all hours spent by its attorneys though the first $500,000 in fees was paid for by its insurance. … Read More

Husain v. California Pacific Bank (2021)

Before 2011, one person owned both of two adjoining lots.  Tenants on one of the lots used portions of the adjoining lot for access, parking, and garbage removal, and as a garden.  After 2011, different lenders foreclosed on the two lots, separating their ownership.  Plaintiff bought one of the lots and sued to keep the tenants of the other lot… Read More

Tiburon/Belvedere Residents United to Support Trails v. Martha Co. (2020)

Before enactment of Civ. Code 1009(b) in 1972, an offer to dedicate private land to public use could be implied by law when the public used the land openly and continuously, as if the users believed the public had a right to do so, without objection by the landowner.  This decision affirms a decision denying a claim to quiet title… Read More

Zissler v. Saville

by Jan T. Chilton |

An easement providing the grantee with access, ingress, and egress to vehicles and pedestrians over a ten-foot wide strip of property is sufficiently definite so as not to be limited to its historic limited use, but rather may be used in any reasonable manner, including for future developments that may increase use of the easement without unduly burdening it. Read More

Cheveldave v. Tri Palms Unified Owners Assn.

by Jan T. Chilton |

Homeowners association could not invoke the Davis-Stirling Act to pursue claims in its own name without joining its individual owners since that Act only applies if the homeowners have mutual or reciprocal easements appurtenant to their separate interests (which was not true in this case). Read More

Cheveldave v. Tri Palms Unified Owners Assn.

by Jan T. Chilton |

Homeowners association could not invoke the Davis-Stirling Act to pursue claims in its own name without joining its individual owners since that Act only applies if the homeowners have mutual or reciprocal easements appurtenant to their separate interests (which was not true in this case). Read More

Hansen v. Sandridge Partners, L.P.

by Jan T. Chilton |

Plaintiff is not entitled to an equitable easement over a disputed area of an adjoining property owner's land because plaintiff was negligent in planting the disputed area with a permanent crop (pistachio trees) while being aware of a boundary dispute but failing to investigate it.  Read More