California law is clear that the owner of a private right-of-way easement has a duty to maintain the easement. What is less clear is how far that duty to maintain may stretch...more
One of the first lessons in every first-year real property law class is that property rights are commonly referred to as a “bundle of sticks” that can be sold or acquired as individual parts or a whole. In a case recently...more
As properties age, it is not uncommon for lingering easements to exist on record which were originally created to serve needs that no longer exist or are practically speaking outdated. Recorded easements can affect a...more
A trespass by way of encroachment occurs when a building, structure, or other “thing” (as opposed to person or animal), goes beyond the boundaries of the owner’s land onto adjoining land without the permission or consent of...more