The Mellor Law Firm, APLC

California Real Estate, Construction, Bankruptcy, Foreclosure and Business Litigation Lawyers

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Private Prescriptive Easement Found.

June 18, 2015 by

Neighbors claim a prescriptive easement over land owned by a man who purchased his property and blocked the entrance to a drive which had been used as access to the neighbor’s property.  The trial court found the neighbors had satisfied their burden of proving continuous, open and notorious use of the entrance for a five-year […]

Filed Under: Appellate Law News, Easement and Property Rights Law News, Legal News, Real Estate Law News

A Private Property Owner May Not Limit The Remedy Of A Neighbor Property Owner.

February 6, 2015 by Leave a Comment

Remedy

In expanding, a ski resort dug a water retention basin to change its drainage system. The diverted run-off adversely affected 180 downhill condominium units. A lawsuit resulted, and the trial court granted a permanent injunction that requires the ski resort to remove its retention basin. On appeal, the ski resort argued there was no entitlement […]

Filed Under: Appellate Law News, Damages Law News, Easement and Property Rights Law News, Legal News, Real Estate Education

County’s Overflight Easement Condition In Exchange For A Permit Upheld.

March 10, 2014 by Leave a Comment

Overflight Easement

Plaintiffs planned minor alterations to their residence. As a condition for obtaining a building permit, the county’s general plan required them to provide an aircraft overflight easement. In this action, plaintiffs contend the easement requirement constitutes an unconstitutional taking of their property without just compensation. The trial court entered summary judgment in favor of the county. […]

Filed Under: Appellate Law News, Easement and Property Rights Law News, Fifth Amendment, Legal News

Obstruction Of Easement.

February 6, 2014 by Leave a Comment

An easement for ingress and egress across property was granted in 1942. More than 60 years later, plaintiff began improvements to the easement to gain easier access to plaintiff’s property, and defendant complained about the work being done on his property. A stop-work order was issued and plaintiff’s permit was revoked. Defendant refused to sign an agreement […]

Filed Under: Appellate Law News, Easement and Property Rights Law News, Legal News, Real Estate Law News

Use Of Property Easement Limited To Its Historic Use.

January 27, 2014 by Leave a Comment

The same piece of property is the subject of both a lease and an easement. Plaintiffs own the property and defendants park their garbage trucks and place their storage bins on the property. The trial court ruled that, assuming the 22-year-old lease was valid, it had been abandoned because defendant “clearly disregarded the lease as soon […]

Filed Under: Appellate Law News, Easement and Property Rights Law News, Legal News, Real Estate Law News

Developer Dilemma.

November 16, 2013 by Leave a Comment

As a condition of a city giving approval for a developer to build 96 condominiums on a parcel of land, the city required the developer to set aside 10 condo units at below the market rate and make a substantial contribution to a city fund. The developer proceeded with construction but challenged the city’s requirements pursuant […]

Filed Under: Appellate Law News, Construction Law Education, Construction Law News, Easement and Property Rights Law News, Government Law News, Legal News, Public Entity Law News, Real Estate Law News

Prescriptive Easement Over Real Property.

September 26, 2013 by Leave a Comment

In 1960, a prior owner of real property [Blackacre] poured a concrete driveway encroaching on the neighboring property [Whiteacre] approximately 8 inches by 90 feet. The present owner of Blackacre bought the home in 1994. In 2009, the trust which now owns Whiteacre constructed a metal guardrail over the prescriptive strip. An action to quiet title […]

Filed Under: Appellate Law News, Easement and Property Rights Law News, Legal News, Real Estate Law News

Marijuana Conversion Action Against County Thrown Out.

September 2, 2013 by Leave a Comment

Sheriff’s deputies seized and destroyed approximately 1,500 pounds of marijuana under cultivation in a remote area of Humboldt County. Plaintiffs each has a written physician’s recommendation for up to two ounces of marijuana per day, sued the County for conversion and violation of their constitutional and statutory rights to be free from unreasonable search and seizure […]

Filed Under: Appellate Law News, Constitutional Law News, Easement and Property Rights Law News, Government Law News, Law Enforcement Law News, Legal News, Real Estate Law News

Bad News For Marijuana Shops.

June 13, 2013 by Leave a Comment

The City of Riverside declared by zoning ordinances that a medical marijuana dispensary is a prohibited use of land within the city and may be abated as a public nuisance. Invoking these provisions, the City brought a nuisance action against a medical marijuana facility operated by defendants. The trial court issued a preliminary injunction against the distribution […]

Filed Under: Appellate Law News, Easement and Property Rights Law News, Government Law News, Health Care Law News, Legal News, Real Estate Law News

A Merger Of Title Does Not Always Result With The Union Of A Greater And Lesser Estate.

May 9, 2013 by Leave a Comment

Seller of commercial property’ consisting of several buildings and covering an entire city block’ sold a portion of the property to buyer, which sale presented a predicament. Some of the buildings on the property straddled lot lines, and the sale did not effectuate a legal lot split to effectuate the parties’ intent to completely own certain […]

Filed Under: Appellate Law News, Easement and Property Rights Law News, Legal News, Real Estate Law News

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Recent News

Are You Dealing With a Breach of Contract?

May 17, 2022 By Denise Hansen

If you are a business owner, then you know that contracts are an important part of doing business. Contracts set the parameters for a deal and protect both parties involved. Unfortunately, contract disputes can happen. If you think you might be dealing with a breach of contract, … Read More...

5 Things to Look for in a Property Ownership Attorney

May 10, 2022 By Denise Hansen

If you're in the market for a property ownership attorney, it's important to know what to look for. Not all attorneys are created equal, and you'll want to make sure you choose one who is experienced, educated, reputable and responsive.  In this blog post, we will go over five … Read More...

How to Know When You Should File a Wrongful Death Suit

April 8, 2022 By admin

When you’ve lost someone close to you, the last thing you may want to think about is filing a lawsuit. However, in some cases, wrongful death suits can be the best way to get justice for your loved one and ensure that the responsible party is held accountable. What is a … Read More...

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The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
Riverside, CA 92506
Phone: (951) 221-4744
Fax: (951) 222-2122
10.0Mark Albert Mellor

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