Blog Archives

The Ability to Grant Additional Easements over Existing Easements

Schorr Law’s Los Angeles based easement attorneys discuss whether a landowner can grant additional easement over an existing easement already on their land. As discussed below, this is generally permitted, as long as the additional easement does not unreasonably interfere with any existing easements. Every incident of ownership not inconsistent with the easement and the enjoyment of the same is reserved to the grantor. (Dierssen v. McCormack (1938) 28 Cal.App.2d 164, 17.) In other words, the owner of the servient tenement, i.e. the landowner, may make any use of the property that does not unduly interfere with the easement. (Atchison, Topeka & Santa Fe Ry. Co. v. Abar (1969) 275 Cal.App.2d 456, 464.) In fact, it is not necessary for the servient estate owner to make any reservation

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Posted in Easement, Real Estate Attorney Los Angeles

Property Owner Cannot Create Easement Over Own Land

An easement is defined as a “nonpossessory interest in the land of another that gives its owner the right to use the land of another or to prevent the property owner from using his land.” (Beyer v. Tahoe Sands Resort (3d Dist. 2005) 129 Cal.App.4th 1458, 1472.) The land that the easement is attached to is referred to as the dominant tenement, while the land burdened by the easement is called the servient tenement. (Ibid.) Further, easements require “a unity of title, in that title and ownership of both tenements must be coextensive and equal in validity, quality, right to possession, and all other characteristics.” (Beyer, supra, 129 Cal.App.4th at 1473.) Accordingly, under what is referred to as the merger doctrine, easements are extinguished when

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Posted in Easement

Real Estate Attorney Zachary Schorr – Quoted in US News and World Report This Week

Schorr Law’s lead real estate attorney, Zachary D. Schorr, was quoted by US News and World Report this week for an articled titled “How to Avoid and Live with Neighbor Nightmares“.  In the article, US News and World Report quoted Mr. Schorr about ways to resolve neighbor disputes. At Schorr Law, Mr. Schorr does handle neighbor disputes from time to time.  Typically, the disputes Mr. Schorr deals with at Schorr Law involve high stakes boundary disputes and easement claims involving easements by necessity, prescription and equitable easements.  In fact, Schorr Law recently resolved a hotly contested prescriptive easement/equitable easement dispute in the Hollywood Hills involving a former celebrity owned and historic property. For more information on your real estate dispute, contact us today at 310-954-1877, info@schorr-law.com.

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Posted in Media

How to Establish an Easement by Necessity

In one of our Los Angeles Easement attorney’s previous posts, we gave a general overview of easements and the various methods of creation. In this post, we discuss easements that are created by necessity. The easement by necessity is a product of public policy that favors the productive use of land and discourages the waste of assets merely because of a lack of access. (Kellogg v. Garcia (2002) 102 Cal.App.4th 796; Hewitt v Meaney (1986) 181 Cal.App.3d 361.) Based on this public policy, in certain limited circumstances, an easement may be created by implication where it is “absolutely essential” as access to a dominant tenant. (Horowitz v. Noble (1978) 79 Cal.App.3d 120, 130.) As further discussed below, an easement is created by necessity only where: (1)

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Posted in Easement, Easement by Necessity

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 Schorr Superlawyers

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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