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 […]
A Private Property Owner May Not Limit The Remedy Of A Neighbor Property Owner.
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 […]
County’s Overflight Easement Condition In Exchange For A Permit Upheld.
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. […]
Obstruction Of Easement.
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 A stop-work order was issued and plaintiff’s permit was revoked.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 […]
Use Of Property Easement Limited To Its Historic Use.
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 […]
Developer Dilemma.
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 […]
Prescriptive Easement Over Real Property.
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 […]
Marijuana Conversion Action Against County Thrown Out.
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 […]
Bad News For Marijuana Shops.
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 […]
A Merger Of Title Does Not Always Result With The Union Of A Greater And Lesser Estate.
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 […]