CA Unpub Decisions
California Unpublished Decisions
Plaintiffs and cross-defendants sought access over a portion of Cross-complainants and appellants's property to a vacant parcel that Plaintiffs and cross-defendants purchased. The deed conveying the property to Plaintiffs and cross-defendants included an express easement over Cross-complainants and appellants's parcel. Plaintiffs and cross-defendants contended and the jury found, the express easement was relocated by implication to another part of the property. Cross-complainants and appellants, in turn, contends there cannot be an implied easement where the parties' intentions are set forth in an express easement. The Court concluded the express easement herein does not preclude recognition of an implied easement in an alternative location. Here, the original easement was relocated by the grantor once he determined the original location was not feasible. Therefore, uphold the determination that Plaintiffs and cross-defendants has an implied easement over and across the Cross-complainants and appellants driveway and the dirt area next to the Cross-complainants and appellants home for access to the Plaintiffs and cross-defendants parcel.
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Listings: 77268
Regular: 77268
Last listing added: 06:28:2023
Regular: 77268
Last listing added: 06:28:2023