Real Property

Another Reason to Pay Your Property Taxes On Time

A claim or defense that is frequently raised in litigation involving easements is that an easement either was created or terminated (“extinguished” is the term most often used by the courts) because a party adversely possessed that easement. Code of Civil Procedure section 325 specifies the requirements for proving adverse possession: a hostile claim of right made continuously for a period of at least five years by substantially enclosing, cultivating, or improving the land, and timely paying all taxes on that land.

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Successful Trial Results in Mendocino County Easement Case

Toward the end of 2017 Janssen Malloy LLP attorney David Nims represented a longtime client of the firm in Mendocino County Superior Court in a civil case. Recently, Judge Jeanine Nadel issued the decision of the court in favor of the client, the owner of a significant amount of timberland in Humboldt and Mendocino Counties.
 

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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.
 

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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
 

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