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Property Owners Easements Encroachments

Schwabe, Williamson & Wyatt PC

Overview of Boundary Line Disputes

What do you do when you learn the old fence that you and your neighbor thought was the correct boundary turns out to be wrong … or when you discover your house or garage has been constructed on your neighbor’s property? Such...more

Patton Sullivan Brodehl LLP

California Supreme Court: Parties to a Real Estate Transaction Can Create Implied Exclusive Easements

In the recent case Romero v. Shih, the California Supreme Court clarified that under California law, parties to a real estate transaction may create an implied easement that effectively grants the dominant tenement exclusive...more

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

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