Tag Archive for: real estate litigation

Schneider v. Lane: Court Rules Easement Holder Not Required to Stabilize Riverbank on Neighbor’s Property

Summary

In Schneider v. Lane, the California Court of Appeal addressed the obligations of a dominant tenement owner (Karla Lane) under Civil Code §845. The case arose from repeated damage to her easement due to riverbank erosion over the course of more than a decade.

In 2011, the trial court allowed Lane, the owner of a landlocked property (the dominant tenement), to relocate her easement across Eberhard and Ursula Schneider’s property (the servient tenement) after flooding destroyed the original easement route. However, flooding in 2018 caused significant damage to the relocated easement, prompting Lane to request another relocation. In 2024, the trial court permitted a second relocation farther inland but ruled that Lane was responsible for maintaining the easement, including stabilizing the riverbank to prevent future damage.

On appeal, the court affirmed the second relocation but reversed the finding that Lane was obligated to stabilize the riverbank, ruling that §845 requires the dominant tenement owner to maintain and repair the easement itself, not to undertake major construction projects on the servient tenement.

Background

Karla Lane owned an access easement across Eberhard and Ursula Schneider’s property, providing ingress and egress to Lane’s otherwise landlocked parcel. The original easement, situated along the riverbank, was destroyed by flooding in 2002. A 2011 judgment established that the easement burdened the entire servient tenement and allowed relocation. When flooding in 2018 caused additional erosion and damage to the relocated easement, Lane sought another relocation, while the Schneiders contended she failed in her maintenance duties.

In 2019, the Schneiders filed an action for declaratory relief, arguing that Lane’s failure to stabilize the riverbank violated her duty under §845 and that the easement should not be moved again. Lane cross-claimed, successfully seeking relocation to a new route.

Key Court Findings

Easement Maintenance Obligations Under §845

The trial court initially ruled that Lane’s duty under §845 included maintaining the easement and stabilizing the riverbank. The appellate court disagreed, explaining that:

  • The duty to “maintain the easement in repair” applies only to the easement itself, not the servient tenement as a whole.
  • Stabilizing a riverbank is a major construction project and constitutes an “improvement,” not maintenance.

The court emphasized that Lane was obligated to repair damage directly affecting the easement but was not required to undertake costly and extensive projects to prevent future erosion.

Relocation of the Easement

The trial court, using principles of equity, permitted the easement’s relocation to a less burdensome route on the Schneiders’ property. The appellate court affirmed this aspect, noting that the law allows for reasonable adjustments to accommodate both parties’ rights.

Preclusion Arguments

The Schneiders argued that Lane’s repeated relocations of the easement improperly burdened their property. The appellate court upheld issue preclusion principles, finding that the 2011 judgment determined the easement’s scope and affirmed that Lane retained her rights as long as there was available land on the servient tenement.

Key Takeaways

  • Maintenance Defined: Civil Code §845 obligates dominant tenement owners to maintain easements in repair but does not impose a duty to make significant improvements on servient tenement property.
  • Equitable Relocation: Courts may permit relocation of easements in cases of significant damage, provided such relocations are reasonable and consider both parties’ interests.
  • Precedential Limits: Issue preclusion bars relitigation of rights determined in prior judgments, even if those rights significantly affect property use.

Citation

Schneider v. Lane (2024) 3rd District Court of Appeal, Case No. C097818​​

Most Common Causes of Real Estate Litigation

Real estate disputes are becoming increasingly common in California. You may be embroiled in real estate litigation whether you are an individual property owner, a manager of a condominium association, a property management company, or a commercial real estate developer.

With a skilled property lawyer on your side, your dispute can usually be resolved out of court. With that said, litigation becomes necessary when the parties are unable to arrive at a fair resolution. You should consult with a reliable real estate litigation attorney to make sure your legal rights are protected.

Here are some of the common causes of real estate litigation in California:

Breach of Contract

Contracts prepared for real estate transactions may contain specific terms related to title clearance, assets included, closing date, and other things. The plaintiff (or the wronged party) will need to prove that they satisfied their contractual obligations while the defendant did not. The plaintiff may be able to claim compensation for any losses suffered as a result of the breach.

It’s best that you work with an experienced real estate attorney to avoid breaking any provisions. Your attorney will review the agreement and give you an explanation of the clauses so that you don’t inadvertently break them.

Not Disclosing Property Defects

The seller in real estate sales is obligated to disclose any known and non-evident defects to a purchaser. This is when the defects have an adverse impact on the value of the property. If a property buyer discovers an undisclosed defect later, they can initiate legal action against the property seller on the basis of the failure to disclose.

Taking this into account, for such a lawsuit to be successful, the plaintiff is required to prove that the defendant was aware or should have been reasonably aware of the defect. The plaintiff will also have to show that the defect was purposefully concealed by the defendant.

Breach of Duty or Negligence

Realtors and agents are legally obliged to act in their client’s interests and not the interest of a third party or salesperson. In addition, they are required to keep sensitive information about their clients confidential. Realtors also have a duty to inform the client of any information that will benefit them. The agent is required to perform these services to the best of their abilities and knowledge.

Boundary Dispute 

If property lines are not correctly set, it can result in real estate litigation. Property boundaries don’t get registered properly in most cases. Practical property lines may not be consistent with the legally registered lines. This can cause a dispute.

An easy way for the seller to fend off such disputes is to research legal property boundaries. You can speak with a real estate attorney to pursue action against any neighbors that are overstepping on your property. This is someone who has been through the legal corridors before and knows where danger likes to lurk.

Faulty Repairs 

Buyers can now easily find defects in a company through building inspection companies. In most sale contracts, the sellers agree to make repairs as requested by the buyer. Moreover, the quality of repairs may not be adequate.

Buyers can file a lawsuit against the seller in case of improper or faulty repairs. They can claim that the seller acted fraudulently. The seller can also file a lawsuit against any involved realtor.

Undisclosed Easements

An easement refers to a pre-existing agreement involving a specific piece of land or property. If a person or an entity has an easement, they essentially have the right to use the property for a specific purpose. This is regardless of who the new owner is.

The seller is required to disclose easements to a buyer before completing the real estate transaction. Easements can have a major impact on the purchasing decision. Undisclosed easements may lead to real estate litigation. The buyer may be unaware that an entity is granted lawful access to the property.

Title Defects 

The title may have a lien, mortgage, or other encumbrances. The seller may not be able to sell the property with these defects since the lender can claim ownership if the money owed to them is not paid.

A property title cannot be transferred to another entity if these encumbrances are not disclosed. In addition, real estate closing cannot be completed before having the title checked out. If the seller fails to disclose title defects and other encumbrances or fraudulently makes a sale, they can be held liable.

Breach of Construction Contract

Real estate investors and landowners that enter contracts with their construction companies can sue them if the scope of work is not carried out as outlined in the construction contract. The construction contract will also outline the legal rights and risks of both parties. Any failure to provide the duties as listed in the contract can result in real estate litigation.

Get Strong Legal Representation from a Knowledgeable Real Estate Attorney

If you are in the midst of an unraveling real estate dispute or have been wronged in a real estate transaction, the trusted real estate attorneys at Peterson, Martin & Reynolds LLP will make sure your rights are adequately protected. Our lawyers are skilled in litigation matters related to all kinds of residential and commercial real estate transactions.

To request a comprehensive consultation, call us at (415) 399-2900 or complete this online form.