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Property Easement Disputes

 

Our Los Angeles based real estate lawyers have experience handling all types of easement disputes. In particular, our Los Angeles Easement attorneys have experience negotiating easements, drafting and creating easements between adjacent landowners, and litigating easement disputes.

What is an Easement?

Easements are non-possessory interests in real property. In simple terms, easements are generally the non-exclusive right by the easement holder to use the land of another. Easements can be created by the owners of land or their predecessors in interest.  Most often, easements are created with an express grant of an easement. Occasionally, however, easements are created by use of through implication based on property ownership history or need.

Types of Easements

There are many types of specific easements. Broadly, easements are either appurtenant (created in favor a nearby landowner) or in gross (in favor of a person regardless of ownership). Typically, most easement cases involve appurtenant easements. Those easements then have many subcategories. We frequently deal with express easements, easements by implication, easements by necessity, prescriptive easements and equitable easements.

Disputes Arising from Easements

Our California easement attorneys frequently litigate disputes arising out of easements. These disputes range from interpreting proper easement use based on the terms of an express easement to attempting to create or deny the existence of an easement that is not in record title.

Easement Disputes Involving Property Access

A very common type of easement and easement dispute involves access to real property. Very often a property owner’s access to their property only comes by way of traversing a neighbor’s property. This can be the result of a landlocked property (property with no direct access to a road) or property whose driveway is located either partially or fully on an adjacent property owner’s land. These disputes are very common throughout the State of California, even in planned communities. Our firm is frequently called upon to secure rights access rights and to navigate this complex area of easement law.

How Our Easement Dispute Attorneys In Los Angeles Can Help

At Schorr Law our California easement attorneys are on the front lines and at the forefront of easement disputes. We have litigated easements disputes through all stages, including trial and appeal.  Accordingly, because we frequently litigate these types of disputes, we know the ins and outs and the pitfalls that many less experienced attorneys make. In California, we think our hands on experience with easements disputes for both commercial and residential properties is unparalleled. Moreover, because we are active litigators, we thrive on the opportunity to litigate these disputes in court and are quite comfortable with trials.

Almost all easements involve a continuing relationship between owners of land. At Schorr Law, we understand the need for aggressive representation that often has to be counterbalanced against the ongoing relationship that will likely continue after we help our clients resolve their dispute.

Representative Matters

At Schorr Law our real estate attorneys have experience with all types of easement matters. Indeed, the following is a representative sampling of some of the easement matters we have handled:

  • We successfully litigated a commercial easement in a dispute involving two commercial real estate shopping center owners who had cross-access and right of easement over their shared commercial strip mall;
  • We negotiated and drafted access easements, a parking lot easement, and a drainage easement between a large national retailer and its neighbors and the local city government;
  • We negotiated issues in a dispute involving a parking lot easement;
  • We negotiated a successful resolution of a lot line dispute and access easement between adjacent residential owners;
  • We resolved a lawsuit involving competing claims to a shared area between two historic properties in the Hollywood Hills;
  • We successfully resolved an easement dispute in Palos Verdes involving a large encroachment on ocean view property.

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