Bar Exam Toolbox Podcast Episode 122: Listen and Learn -- Easements (Real Property)
A “dedication” is an uncompensated transfer of an interest in private property to the public. Dedications can occur pursuant to statute or common law. Statutory dedications follow the path set forth in the Subdivision Map...more
In the recently published case Bartel v. Chicago Title Insurance Company, a California appellate court reaffirmed longstanding California law on insurers’ broad duty to defend even in the face of complicated underlying facts,...more
An easement — an interest in the land of another entitling the easement owner to a limited use or enjoyment of another’s land — can be established by a variety of theories...more
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
Cannabis is a multi-billion-dollar industry in California. For many years now, cannabis businesses have operated pursuant to state law, obtaining licenses and permits and entering into contracts to carry out cultivation,...more
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
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
In the latest episode of Digging Into Land Use Law, Karla MacCary and Elinor Eizdi explore the law of implied easements, which is a murky area of the law that was made more clear by a recent California Supreme Court case that...more
The California FTB recently released a settlement initiative for taxpayers involved in microcaptive or syndicated conservation easement transactions. Taxpayers who enter into the settlement program will not be able to claim...more
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
Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •An appellate court in California has ruled that the state’s Quiet Title Act insulated a third party from the...more
Three months ago, the Fourth District Court of Appeal upheld a Coastal Commission fine of $1 million on homeowners who performed major reconstruction on their Malibu home without obtaining coastal permits and refused to halt...more
For the past 45 years, California’s Agricultural Labor Relations Board (ALRB) has promulgated a regulation requiring producers of agricultural products to give union organizers access to their property. Access is limited to...more