Legal Question in Real Estate Law in California

easement

Can an appurtanent easement be extinguished by an adverse possession claim if all the elements of the adverse possession claim can be proven ?


Asked on 1/23/09, 12:40 pm

2 Answers from Attorneys

Sam Stamas Law Office of Samuel G. Stamas

Re: easement

An easement appurtenant is created to benefit another tract of land which is incident (connected) to the ownership of the land. Adverse possession is something open and adverse to the easement use. So it almost sounds like there's a third party involved. Therefore, I'd feel more comfortable answering this question with some actual facts. Feel free to contact my office.

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Answered on 1/23/09, 12:57 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: easement

Probably not, but it depends on the type of easement. if the easement is by necessity then no. If the easement is prescriptive it may have to be unused for a long long time for it to extinguish on its own. If the easement is recorded I would have to see. Let me know if you want my help.

Best,

Daniel Bakondi, Esq.

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Answered on 1/23/09, 4:02 pm


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