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Easements and Permanent Encroachments

One of our favorite types of disputes of late are easement disputes involving permanent encroachments on a neighbor’s land.  These disputes come in all types of forms – retaining walls, driveways, patios, trees, fences- you name it and we have probably seen it.  Ultimately, these disputes wind up involving some variation of claims for trespass, nuisance, prescriptive easements and equitable easements. What many non-real estate attorneys fail to realize, unlike our real estate attorneys at Schorr Law, is that there is a well developed legal precedent that says that an encroacher cannot maintain a permanent structure and get a prescriptive easement over another’s land because the encroaching structure amounts to exclusive use and easement are non-exclusive in nature.  That said, when attorneys know this rule

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Posted in Easement, Equitable Easement, Prescriptive 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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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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