Equitable easement. Or not.

[steffan]

Here's an interesting appellate case just published regarding the litmus test for equitable easements:

Shoen v Zacarias .pdf

[dedkad]

Sounds like the judgment was equitable - both parties lost. The appellant successfully restricted her neighbor's use of appellant's property (for now), but appellant has to build a $100K staircase if she wants to use her own property rather than use the neighbor's existing staircase. Too bad neighbors just can't get along. Life would be so much easier...and cheaper.

[steffan]

Another attempt by the same parties. Different argument. Same result.