Blog Archives

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

The Scope of an Express Easement – The Right to Improvement

As discussed in previous posts, an express easement is an easement that is created by agreement between the dominant and servient tenement. Although the express easement often specifies the purpose of the easement, e.g. ingress and egress, it can often be silent as to what alterations you can make to the easement to fulfill that purpose. However, case law provides some answers. Generally speaking, the owner of an easement, i.e. the dominant tenement, can improve the easement or construct improvements on the easement which are reasonably required to make the use of the easement safe and convenient.  For example, if your neighbor granted you an easement for ingress and egress over a portion of their property that is a dirt road, you may have the right to

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Posted in Easement, Express Easement

Creating Easements by Express Grant or Reservation

In one of our easement attorneys’ previous posts, we gave a general overview of easements and the various methods of creation. In this post, our Los Angeles Easement attorney discusses creating an easement by express grant or express reservation.  An easement is an interest in real property. Accordingly, the creation or transfer of an easement must comply with the requirements of an instrument to convey real property. This rule is called the statute of frauds. There are two methods of satisfying these requirements: (1) transfer via a written agreement between the parties, such as a grant deed, quitclaim deed, or contract; or (2) transfer via an oral agreement that is substantially performed by the grantee, i.e. an “executed oral agreement”. Accordingly, when an easement is created by

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Posted in Easement, Express 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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