Implied Easements And Lessons For Landowners

Law360, New York (March 25, 2015, 5:52 PM EDT) -- On Jan. 28, 2015, in Richardson v. Franc, 14 C.D.O.S 941 (2015), the California Court of Appeal for the First Appellate District ruled in favor of an easement holder by granting an irrevocable license permitting additional improvements and maintenance rights within an easement area beyond what was contemplated in the recorded easement.

Although prior cases generally confirmed the permissive use of an implied irrevocable license or an equitable easement under certain factual circumstances, this is the first case in more than 50 years in which a court effectively expanded the scope of an express written easement by granting a concurrent implied...

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