Blog Archives

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

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

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

Revival of an Easement by Merger

In a recent post, we discussed how easements can be terminated by merger. In this post, we will discuss how an easement extinguished by merger can be revived. Although an easement is extinguished by a merger of the dominant and servient estates, there are certain situations where the extinguished easement will be revived. The first situation is where there is an implied grant or reservation. Specifically, an extinguished easement may be created by an implied grant or reservation if: (a) the common owner continues to use it to benefit the quasi-dominant tenement; and (b) the common owner then conveys one of the parcels to a third party. (Silveira v. Smith (1926) 198 Cal. 510, 517.) The second situation occurs where an extinguished easement is recreated via prescription. In

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Posted in 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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Posted in Easement

An Easement May Exist Despite a Deed Being Silent on its Existence

Generally speaking, an easement is an interest in the land of another that gives its owner the right to use another’s property or to prevent the use of the property by its owner.  The land to which the easement attaches is called the dominant tenement; the land that is burdened is called the servient tenement.  (Moylan v. Dykes (1986) 181 Cal.App.3d 561, 568.) Easements are classified as appurtenant (attaching to the land, the dominant tenement) or in gross (a personal or individual right that does not attach to the land). The basic effect of this distinction between easements appurtenant and easements in gross arises when the owner of an easement (the owner of the dominant tenement) transfers his or her property. The conveyance of the

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Posted in Appurtenant Easement, 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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