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5 Things to Consider With Neighbor Lot Line Disputes

What is a neighbor dispute or a lot line dispute?   Typically it is a dispute amongst adjacent owners of real estate concerning their boundary lines and whether either party has developed the right to extend beyond their legal property lines.  In this post, our Los Angeles based real estate attorneys discuss 5 things to consider whenever you are dealing with a lot line, boundary or neighbor dispute. 1.  Is there a survey?  All boundary disputes should start with a survey.  After all, how can either neighbor argue that the other neighbor is exceeding their legal boundary lines without a marker and a licensed survey.  We always recommend getting a survey first. 2.   Use.   This is a key question.  In particular, if one

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Posted in Easement, Equitable Easement, Lot Line Disputes, Prescriptive Easement, Real Estate Attorney Los Angeles

Easy Easements: Is there Such a Thing?

At Schorr Law our Los Angeles based easement attorneys have extensive experience litigating, drafting and negotiating all types of easements. We are constantly asked to give advice regarding whether an easement is obtainable and how easy it will be to obtain.  This is a very tough questions and the answer changes depending on the facts of your particular case. Of course, each case is different and the relative ease in getting an easement in one case does not mean that there will be a very long and hard fought battle over an easement in another case. We have had easements resolved at first contact and others that do not get resolved before years of hotly contested litigation.  Because we know that easements can be difficult

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Posted in Easement, Easement by Necessity, Equitable Easement, Express Easement, Prescriptive Easement

Equitable Easements in California

As we have discussed in previous posts, there are many methods of creating an easement. Today, we discuss the creation of an easement based on principles of equity. In certain situations where you cannot establish a prescriptive easement for a physical encroachment, you may be able to establish an equitable easement. In fact, most, if not all, cases that grant equitable easements arise out of physical encroachments that otherwise qualify as prescriptive easements. (See Christensen v. Tucker (1952) 114 Cal.App.2d 554 [affirming an equitable easement to maintain concrete wall encroaching on neighbor’s property]; Hirshfield v. Schwartz (2001) 91 Cal.App.4th 749 [affirming an equitable easement to maintain extensive landscaping and irrigation encroaching on and under neighbor’s property]; Field-Escandon v. Demann, supra, 204 Cal.App.3d 228 [affirming an equitable easement

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Posted in Easement, Equitable Easement, Prescriptive Easement

Easements by Necessity for Landlocked Land

At Schorr Law our real estate attorneys frequently deal with all sorts of easement disputes whether they be boundary disputes among commercial real estate neighbors, boundary disputes among residential real estate neighbors or disputes trying to establish a new easement through various methods. One type of issue that can arise is what can you do with landlocked land.  Landlocked land is land that has no method of ingress or egress – no way in or out other than to go over the land of another.  In this situation, an easement by necessity may be created.  The background for an easement by necessity comes from the public policy that land should not be rendered unfit for occupancy or cultivation.  In other words, the law frowns on the idle

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Posted in Easement, Easement by Necessity, Egress Easement, Equitable Easement, Ingress Easement, Prescriptive Easement

Easements and Permanent Encroachments

One of our favorite types of disputes of late are easement disputes involving permanent encroachments on a neighbor’s land.  These disputes come in all types of forms – retaining walls, driveways, patios, trees, fences- you name it and we have probably seen it.  Ultimately, these disputes wind up involving some variation of claims for trespass, nuisance, prescriptive easements and equitable easements. What many non-real estate attorneys fail to realize, unlike our real estate attorneys at Schorr Law, is that there is a well developed legal precedent that says that an encroacher cannot maintain a permanent structure and get a prescriptive easement over another’s land because the encroaching structure amounts to exclusive use and easement are non-exclusive in nature.  That said, when attorneys know this rule

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Posted in Easement, Equitable Easement, Prescriptive Easement

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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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If you are currently involved in a real estate dispute, either commercial real estate or residential, and are looking for a Real Estate Attorney in Los Angeles with a cost-effective, results oriented approach designed to meet your case's specific needs, contact the attorneys at Schorr Law. Our real estate firm has the specific knowledge and experience necessary to get you the best possible results.

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