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California › Appeals › Easements

Seyfarth Shaw LLP

Cultivator Not Entitled to Use Easement for Cannabis Purposes Absent Landowner Consent

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On October 29, 2024, the Second District Court of Appeals of California decided against the County of Santa Barbara (“the county”) in JCCRandall LLC v. County of Santa Barbara. The Court held, contrary to popular belief, that...more

Patton Sullivan Brodehl LLP

How Far Must the Owner of a Right-of-Way Easement Go to Maintain It?

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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

Patton Sullivan Brodehl LLP

Court Rules Grower Cannot Use Access Easement for Cannabis Purposes Without Servient Landowner’s Consent

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While many Californians consider the legality of cannabis to be settled law, the ongoing conflict between California and federal laws on the subject continue to give rise to unexpected outcomes when it comes to real property...more

Patton Sullivan Brodehl LLP

Easements and the “Merger” Doctrine

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Under California’s easement “merger” (merger of title) doctrine set forth in Civil Code sections 811 and 805, an easement (or servitude) is “extinguished” by “the vesting of the right of the servitude and the right to the...more

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