Search
 

A Victory for Easement Holders

LOS ANGELES—In this EXCLUSIVE commentary, Manatt, Phelps & Phillips partners say that if your property 'is burdened by an easement and you do not act reasonably, you could be liable for tort damages.'

By Lauren Spiegel and Tom Muller, partners of the land use and real estate practice at Manatt, Phelps & Phillips LLP | Updated on March 05, 2014

LOS ANGELES—Easements are not a fast evolving area of the law—common law has had the basics down for a few hundred years or so. Yet one should never underestimate the ingenuity of neighbors to craft new disputes—and make new law. 

In Laurel Canyon in Southern California, Flora Dolnikov had a recorded access easement, granted in 1942, over a neighboring property. Contemplating developing two homes on the property benefitted by the easement, she learned that, notwithstanding the easement, the building department required a new “community driveway agreement” with her neighbor, and she got one.  She treated the agreement informally, and did not record it or obtain any title insurance insuring her interests under the agreement.  Her neighbor later sold the neighboring property to Dikran Ekizian.    

Want to continue reading?
Become a Free ALM Digital Reader.

Once you are an ALM digital member, you’ll receive:

  • Unlimited access to GlobeSt and other free ALM publications
  • Access to 15 years of GlobeSt archives
  • Your choice of GlobeSt digital newsletters and over 70 others from popular sister publications
  • 1 free article* every 30 days across the ALM subscription network
  • Exclusive discounts on ALM events and publications

*May exclude premium content
Already have an account?

NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

GlobeSt

Join GlobeSt

Don't miss crucial news and insights you need to make informed commercial real estate decisions. Join GlobeSt.com now!

  • Free unlimited access to GlobeSt.com's trusted and independent team of experts who provide commercial real estate owners, investors, developers, brokers and finance professionals with comprehensive coverage, analysis and best practices necessary to innovate and build business.
  • Exclusive discounts on ALM and GlobeSt events.
  • Access to other award-winning ALM websites including ThinkAdvisor.com and Law.com.

Already have an account? Sign In Now
Join GlobeSt

Copyright © 2024 ALM Global, LLC. All Rights Reserved.