Property Owner Cannot Create Easement Over Own Land

Property Owner Cannot Create Easement Over Own Land

An easement is defined as a “nonpossessory interest in the land of another that gives its owner the right to use the land of another or to prevent the property owner from using his land.” (Beyer v. Tahoe Sands Resort (3d Dist. 2005) 129 Cal.App.4th 1458, 1472.) The...
Revival of an Easement by Merger

Revival of an Easement by Merger

In a recent post, we discussed how easements can be terminated by merger. In this post, we will discuss how an easement extinguished by merger can be revived. Although an easement is extinguished by a merger of the dominant and servient estates, there are certain...
Extinguishment of Easements by Merger

Extinguishment of Easements by Merger

Easement Termination by Merger There are many ways that an easement can be extinguished or terminated. In this post, I discuss how an easement can be extinguished by merger. In later post we will discuss situations where an easement is not extinguished by merger. As...
What is a Public Utility Easement (PUE)?

What is a Public Utility Easement (PUE)?

Most properties have PUEs. PUE stands for Public Utility Easement. Like other easements, a PUE grants certain rights to the owner of the easement. If you own your home, a PUE may explain why you woke up to find an electrician on the utility pole in your backyard...
Whose Responsibility Is It to Maintain an Easement?

Whose Responsibility Is It to Maintain an Easement?

Who Maintains a Right of Way Easement If you are looking for answers to questions such as who is responsible for right of way maintenance? This post will provide you with answers to your questions like, Can a landowner block a right of way? What is residential right...