Romero v. Shih, No. B310069, 2022 Cal. App. LEXIS 386 (Ct. App. May 5, 2022)
An exclusive implied easement which, for all practical purposes, amounts to fee title cannot be justified or granted unless: 1) the encroachment is “de minimis” or 2) the easement is necessary to protect the health or safety of the public or for essential utility purposes. Here, a wall erected on what the prior owner of both adjoining lots thought was… Read More