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