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Easements by Necessity

At Schorr Law, our Los Angeles based easement and real estate attorneys see many types of easement disputes.  Easements can be created in a number of different ways.    An easement by necessity is exactly what it says – an easement that is created because of a true need.    Easements by necessity arise out of the public policy that favors the productive use of land and discourages the waste of real property due to a lack of access to the real property. An easement by necessity requires that their be a common grantor.  This means that the parcel that now requires the easement for access must have been previously part of a larger parcel of land (that had access). An easement by necessity can

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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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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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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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