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Appurtenant Easement vs Easement in Gross

In general, there are two different types of easements that can be created by express grant – either an appurtenant easement or an easement in gross.  An appurtenant easement is an easement that runs with the land – meaning it is meant to be binding on successive owners of the dominant and servient tenements. In layman’s terms, this means that one property is meant to be the beneficiary of the easement and the other property owner is meant to be burdened by the easement.  An easement that runs with the land lasts forever unless the two simultaneous property owners agree, in writing, to cancel it.    Of course, there are other ways to extinguish an easement but that are not covered in this post. In

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An Easement May Exist Despite a Deed Being Silent on its Existence

Generally speaking, an easement is an interest in the land of another that gives its owner the right to use another’s property or to prevent the use of the property by its owner.  The land to which the easement attaches is called the dominant tenement; the land that is burdened is called the servient tenement.  (Moylan v. Dykes (1986) 181 Cal.App.3d 561, 568.) Easements are classified as appurtenant (attaching to the land, the dominant tenement) or in gross (a personal or individual right that does not attach to the land). The basic effect of this distinction between easements appurtenant and easements in gross arises when the owner of an easement (the owner of the dominant tenement) transfers his or her property. The conveyance of the

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Zachary D. Schorr’s Expert Appearance on the Dr. Phil Show

Zachary D. Schorr’s Expert Appearance on ABC’s Nightline

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Zachary D. Schorr has been named to the Southern California Super Lawyers (Rising Stars) list for attorneys in Real Estate for 5 straight years - 2012, 2013, 2014, 2015 and 2016. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. In 2016 he was also included as one of the top 100 lawyers in Southern California in this category. The selection for this respected list is made by the research team at Super Lawyers.

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