California Court of Appeal

The owner of the dominant tenement possessing over the servient tenement an access easement that includes the right to grant other easements for "like purposes" may convey to an owner of property adjoining the dominant tenement an enforceable easement for access over the servient tenement. When a party records a late notice to preserve easement under Civil Code section 887.070, the attorney fees that can be assessed as a condition to dismissal of an action to establish the abandonment of an easement may include only those fees incurred in connection with that action for statutory abandonment, and not the fees incurred otherwise in the proceeding to contest the validity of the easement.

Appellate Information

• Decided 03/23/2006
• Published 03/24/2006

Judges

• MOSK, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Lewis R. Landau, for Plaintiff and Appellant.


• For Appellees:
  
• Rutan & Tucker, LLP, Douglas J. Dennington, Costa Mesa, for Defendant and Respondent.