From real estate attorney Scout Souders.
New Case Expands The Scope of Equitable Easements in California.
In the case of 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. This is the first time a preexisting use of the servient owner’s property has been dispensed with. The court determined that because the neighbor’s property needed access and the owner of the servient tenement did not use this portion of his property an equitable easement was in order. [Read more…]