Taking Title to Servient Tenements
2 Pages Posted: 20 Mar 2011
Date Written: November 1, 2004
Abstract
This article previews two California cases where easements were acquired - one through prescription, the other by implication – and where conditions had thereafter changed before the defendants had acquired the servient parcels. The article deals with the question as to how title insurance protects clients who are acquiring property against being held subject to easements that were not recorded.
Keywords: Unwritten easement, implied easement, prescriptive easement, servient tenant, easement, title insurance, Larsson v. Grabach, Felgenhauer v. Soni
JEL Classification: K11
Suggested Citation: Suggested Citation
Bernhardt, Roger, Taking Title to Servient Tenements (November 1, 2004). Available at SSRN: https://ssrn.com/abstract=1789823 or http://dx.doi.org/10.2139/ssrn.1789823
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