Equitable easements are implied easements created in equity. They are decided according to the doctrine of relative hardships. This allows for a court to conduct a balancing test to determine whether granting an easement would cause more or less hardship to the parties.
In Tashakori v. Lakis, 196 Cal.App.4th. 1003 (2011), the court set forth a 3 factor test to determine when an equitable easement applies to landlocked properties. Landlocked properties are those where there is no legal right of access to the property. In this way, a party must cross another's property to get to their own.
1) The party needing the easement is innocent and the encroachment on the property is not willful or negligent.
2) Regardless of the injury to the defendant, the court should grant the injunction if the plaintiff will suffer irreparable injury, unless the rights of the public would be harmed.
3) The hardship to the party needing the easement must be disproportionate to the hardship faced by the other party and this fact must be clear based upon the evidence.
In Tashakori, the court ruled that all three of these factors were met and granted the equitable easement.
If you are facing an encroachment problem with your property, and believe that you deserve an equitable easement, it is beneficial to retain experienced and professional attorneys to assist you with this matter. Please call Aziz Legal by phone at (408) 203-4627 or email us at email@example.com.
This article is merely informational and is not intended to be used as legal advice. Use of any information from this article is for general information only and does not represent personal legal or tax advice, either express or implied. Readers are encouraged to consult Aziz Legal, or another attorney, for any specific legal matters.