Gain a better understanding of land rights access issues for rights-of-way or easements held by public or private entities.
Gain a better understanding of land rights access issues for rights-of-way or easements held by public or private entities. Learn about different types of easements and how these various easements get created. You will also learn about the use of easements, including, but not limited to, maintenance and repair obligations, the scope of use, and potential liability arising out of the use of easements. Lastly, you will learn how easements are terminated and review real-life case examples of boundary and easement disputes and what legal remedies are available to address concerns related to these types of disputes.
Learning Objectives
- You will be able to discuss land rights access issues for rights-of-way or easements held by public or private entities.
- You will be able to describe the formation of easement rights.
- You will be able to recognize the duty and liability regarding encroachments on dominant or servient estates.
- You will be able to explain how easements are terminated.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Types of Easements
- Definition and Nature of an Easement
- Appurtenant Easements
- Easement in Gross
- Easements for Light, Air, or View
- Private Easements vs. Public Easements
- Riparian Rights
Formation of Easement Rights
- Express Grant or Reservation
- Public Utility Easements
- RightsofWay
- Road Easement
- Implied Grant or Reservation
- Easements by Necessity
- Prescriptive Easements
- Recorded Covenant
- Dedication
- Condemnation
- Equitable Easements
- Irrevocable Licenses
Use of the Dominant Estate
- Location of Easements
- Scope of Use
- Servient Tenement Rights
- Maintenance and Repair Obligations
- Dominant Tenement
- Servient Tenement
Duty and Liability Regarding Encroachments on Dominant or Servient Estate
- Trespass and Nuisance
- Irrevocable Licenses
- Equitable Easements
- Ejectment
Liability for Injuries to Persons Within
- Duty to Third Parties
- Private Easement in a Public Street
Termination of Easements
- Release
- Merger
- Destruction of Servient Tenement
- Prescription and/or Adverse Possession
- Overburdening an Easement
- Abandonment
- Nonuse
- Foreclosure
Legal Remedies
- Quiet Title
- Ejectment
- Declaratory Relief
- Trespass or Nuisance
- Injunctive Relief
Case Studies/Examples
- Gomez v. Coronado - Dispute Regarding Use of Driveway
- Shoen v. Zacarias - Dispute Regarding Physical Encroachments
- Yadkarim v. Ninety Seven 14 Holcomb LLC - Dispute Regarding Use of Side Yard and Fence Encroachment
- Arterberry v. Russell - Dispute Regarding Physical Encroachments
- 5170 W. Adams v. Garcia, et al. - Dispute Regarding Access Easement
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on November 22, 2021.
Call 1-866-352-9540 for further credit information.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Stephanie Goldstein
Schorr Law
- Seasoned litigator with Schorr Law’s team of real estate lawyers in Los Angeles
- Acts as general counsel for a homeowner’s association
- Prides herself on obtaining the best results possible
- Has established a track record of success at Schorr Law
- Successes on behalf of her client’s include a trial win in favor of client based on irrevocable license theory holding Schorr Law’s client had a right to use eight off-site parking spaces in downtown Los Angeles; successfully defeated a motion for summary judgment in action regarding neighbor’s encroachments on clients property; successfully defeated a motion to expunge a lis pendens in a boundary dispute and obtained an award of sanctions against the moving party; drafting easements and settling large easement disputes in Los Angeles, Silverlake, Malibu, Palos Verdes, Pacific Palisades, Brentwood, and in the Hollywood Hills; and published appellate decision regarding issues involving equitable easements and irrevocable licenses
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Why Lorman?
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