The court in Albert v Mid-Century Ins. Co. (2015) 236 CA4th 1281 held that an insurer did not have a duty to defend the homeowner in a suit for encroachment arising out of the building of a fence and trimming of trees, because the acts were taken intentionally even if...
Experienced Real Estate And Business Attorney
Neighbor Disputes
Equitable Easements require “greatly disproportionate” hardship on the trespasser (Shoen v. Zacarias (2015) 237 CA4th 16
While it is possible to obtain an equitable easement to allow a trespasser to continue use of the property in exchange for damages, the hardship on the trespasser must be “greatly disproportionate” to the hardship of the landowner losing a portion of her land. In...