When is an Equitable Easement Equitable?

By Robert J. Lanzone California law allows for a court to compel a landowner to accept money damage for the fair value of his/her property for which a neighbor has trespassed with a fence, a building, retaining wall or some permanent physical encroachment.  The court will refuse to cause the physical structure to be removed.  This has been the law for over 75 years.  Tashakori v. Lakis (2011) 196 Cal.App.4th 1003, Christensen v. Tucker (1952) 144 Cal.App.2d 554. The court must...

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