Healy v. Onstott
California Court of Appeal
1Opinion of the Court
Opinion
BRAUER, J.
We here consider the rights of a co-owner of a private easement who declines to accept the award of an arbitrator appointed pursuant to Civil Code section 845.
That section was originally passed in 1939 and has been amended once, in 1985. The former statute was in effect during the relevant time. Former Civil Code section 845 provided that co-owners of a private right-of-way must share the maintenance of the easement according to an agreement or, “proportionately to the use made of the easement by each owner.” The section further provided: “In the absence of an agreement, any…
2Cases cited10 opinions
- Capital Traction Co. v. HofSupreme Court of the United States · 1899
- Dorchy v. KansasSupreme Court of the United States · 1924
- Chas. Wolff Packing Co. v. Court of Industrial RelationsSupreme Court of the United States · 1923
- Smith CaseSupreme Court of Pennsylvania · 1955
- Jessup Farms v. BaldwinCalifornia Supreme Court · 1983
5 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Marracino v. BrandstetterCalifornia Court of Appeal · 1993
- Rageth v. Sidon Irrigation DistrictWyoming Supreme Court · 2011
- Odd Fellows Sierra Recreation Assn. v. Coleman CA5California Court of Appeal · 2021