Legal Opinion

Hinrichs v. Melton

California Court of Appeal

Decided May 3, 2017No. 2d Civil B267505PublishedCited by 7 opinions

1Opinion of the Court

*16 GILBERT, P.J.

*519 How does a landowner whose parcel is landlocked gain access to the property? In Linthicum v. Butterfield (2009) 175 Cal.App.4th 259 , 95 Cal.Rptr.3d 538 ( Linthicum ), we held that the trial court may grant the landowner an equitable easement over a neighboring property. In Linthicum , the party to whom an equitable easement was granted had been using a road on neighboring property for several decades. Here we hold, among other things, the court may grant an equitable easement without there being a preexisting use by the landowner seeking the easement.

Plaintiff, the owner of a…

2Cases cited18 opinions

  1. Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
  2. Goodman v. LozanoCalifornia Supreme Court · 2010
  3. GHK Associates v. Mayer Group, Inc.California Court of Appeal · 1990
  4. Sprague v. Equifax, Inc.California Court of Appeal · 1985
  5. McFarland v. KempthorneCourt of Appeals for the Ninth Circuit · 2008

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3Cited by7 opinions

  1. Ranch At the Falls LLC v. O'Neal, California Court of Appeal, 5th District2019
  2. Easterling v. ClarkIdaho Supreme Court · 2025
  3. Easterling v. ClarkIdaho Supreme Court · 2025
  4. Easterling v. Hal Pacific Properties, L.P.Idaho Supreme Court · 2021
  5. Easterling v. Hal Pacific Properties, L.P.Idaho Supreme Court · 2023

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