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News & Press: CLTA News

CLTA Join in Request for Publication re: Hansen v. Sandridge Partners, L.P.

Tuesday, May 15, 2018  
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The CLTA successfully requested the Court of Appeal to publish its opinion in Hansen v. Sandridge Partners, dealing with equitable easements. The opinion was originally not certified for publication.

The CLTA, which worked with Ryan Squire of Garrett & Tully to submit the letter, believes that the opinion merited publication because it makes clear that while a trial court’s equitable powers are broad, a trial court does not have unbridled discretion to appropriate one person’s property for the benefit of another without adhering to crucial prerequisites, including that the person seeking an equitable easement must be innocent. The opinion addresses the innocence standard in terms of an equitable easement and the impact of negligence and contributory negligence regarding a finding of innocence.

The Court’s opinion also reinforces the difference between a prescriptive easement and adverse possession. It makes it clear that a prescriptive easement “deals with the use of land” whereas adverse possession, by its very name, deals with possession. This difference is the difference between a right to use property versus an ownership interest that results in an estate in property. By publishing the decision, the Court’s discussion of the rules governing prescriptive easements will benefit litigants and courts who deal with these issues.

California Land Title Association


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