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Whose Responsibility Is It to Maintain An Easement?

Our Los Angeles based easement attorneys constantly deal with easement disputes of many types.  One issue that comes up from time to time is whose responsibility it is to maintain an easement. The short answer is – the owner of the easement is responsible for maintaining the easement. In other words, if you have an easement that allows you to use a portion of another person’s or company’s land, then it is your responsibility to maintain the easement – it is not the responsibility of the servient tenement (the person whose land is burdened by the easement). In fact, the owner of an easement has the right and obligation to maintain the easement. Moreover, they have a duty to keep in the easement in a safe

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Posted in 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

What Is An Easement?

An easement is an intangible interest in the land of another that gives its owner the limited right to: (a) use the land of the other person; or (b) prevent the other property owner’s use of his or her property. (Mehdizadeh v. Mincer (1996) 46 Cal.App.4th 1296, 1306.) The land that is entitled to the benefit of the easement is called the dominant tenement. The land that is burdened by the easement is called the servient tenement. Easements may be affirmative or negative. An affirmative easement gives its owner the right to do something on the land of another. One example of an affirmative easement is when on person has the right to cross over another person’s land. Another example of an affirmative easement is

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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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