Berg v. Ting

(concurring in part, dissenting in part) — While I concur with the majority that the grant of the easement failed to conform with the statute of frauds, I disagree with the majority’s rigid application of the doctrine of part performance. The majority effectively precludes a court from ever finding part performance in the grant of an easement. This is contrary to both the equitable nature of part performance, and the court’s tradition of weighing the unique circumstances of each case to determine the enforceability of an agreement not in compliance with the statute of frauds. Because the…