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Newly published court case, survival of easement.
Posted: Fri Oct 28, 2022 5:49 am
by steffan
New appellate case just published explaining why Ca Civil Code Section 811 does not automatically extinguish an easement when the servitude is held by the servient tenement.
Re: Newly published court case, survival of easement.
Posted: Fri Oct 28, 2022 6:12 am
by Warren Smith
Gotta love that unity of title. I imagine that even if both properties were secured by Deeds of Trust, the outcome might be the same, due to third party interests.
Re: Newly published court case, survival of easement.
Posted: Fri Oct 28, 2022 6:27 am
by Jim Frame
Common sense prevailed.
Re: Newly published court case, survival of easement.
Posted: Fri Oct 28, 2022 7:55 am
by David Kendall
Interesting that the lenders are technically considered to be owners of the property.
I suppose that is how it ought to be but I never thought of it that way....
Thank you for posting this Steffan!
Re: Newly published court case, survival of easement.
Posted: Fri Oct 28, 2022 10:53 am
by proud
Wow, I looked up the property on street view and can not believe the property was worth the court time and effort. Only in California. Jp
https://www.google.com/maps/place/2957+ ... 11fwp0r9x2
Re: Newly published court case, survival of easement.
Posted: Fri Oct 28, 2022 11:51 am
by Peter Ehlert
David Kendall wrote: Fri Oct 28, 2022 7:55 am
Interesting that the lenders are technically considered to be owners of the property.
SNIP
Lenders are definitely at the top of the food chain...
they stand in line, right behind the Government.
"Owners" are somewhere behind both of them
Re: Newly published court case, survival of easement.
Posted: Fri Oct 28, 2022 12:19 pm
by Warren Smith
Yep, their interest is such that it can ripen into fee title. And that's what happened here.