Publications & Articles
In the recent case of Blackmore v. Powell (2007) 150 Cal.App4th 1593 ("Blackmore"), the court delved into the rarely-decided area of "exclusive" easements. It upheld an exclusive easement to construct a garage on a neighbor's property. The court's decision centered on two issues. First, the easement was created by a grand deed, not by prescriptive use. Second, the affected land was limited in size. While one could argue about the legal significance of these two factors, the court's decision continues a trend away from bright-line rules and towards a generalized "reasonableness" standard of easements.