• Land Use Attorney Capitola

Posts Tagged ‘trespass’

CASE UPDATE: Court Rejects “Equitable Easement” Claim

Court rejects property owner’s claim that he had an “Equitable Easement” to use an improved patio area on his neighbor’s property and remanded the case back to the trial court to adjudicate the plaintiff’s prescriptive easement claim.

In Shoen v. Zacarias, (2015) 237 Cal.App.4th 16, the court of appeal overturned the trial court and rejected plaintiff’s claim that she had an “equitable easement” to use a patio area on her neighbor’s property that was only accessible from the plaintiff’s property.   The equitable easement doctrine evolved to give courts discretion to balance hardships in neighbor disputes over the use of property, and it can be used when a party cannot satisfy all the elements for an actual or prescriptive easement.  The court summarized the current rule as follows:

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Miles J. Dolinger
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