Real Property

Timber Trespass

Last week I wrote about trespassing neighbors, whose activities, structures, commercial activity, or personal property encroach onto your property. This week I am covering what happens when a neighbor - either negligently or intentionally - crosses onto another landowner’s property and cuts down a tree or trees. California, like many other states, see this as a particularly offensive civil wrong, and therefore has enacted a particular statute that sets forth how the wrong may be punished.
 

Tags: 

Lessons in Equitable Easements

What is an equitable easement? An equitable easement is a judicially created doctrine that authorizes a trespasser to continue his or her trespass on another’s property in exchange for paying damages, where the hardship on the trespasser in ceasing the trespass is “greatly disproportionate” to the hardship on the land’s owner in losing use of the trespassed upon portion of his or her land
 

Tags: 

Subscribe to Real Property