3 мая 2023 г. · The Equitable Easement is, simply put, a legal doctrine that permits the use of another's property in the form of justified trespass or encroachment.

13 сент. 2023 г. · Most, if not all, cases that grant equitable easements arise out of physical encroachments that otherwise qualify as prescriptive easements.

31 мая 2022 г. · An equitable easement is a judicially created easement giving an encroacher/trespasser an equitable interest in land owned by another protecting the encroacher ...

17 мая 2022 г. · The court held that defendants were not entitled to an "exclusive implied easement", which is substantially the equivalent to fee title, unless ...

The court may create an easement on equitable grounds even though the user is not entitled to an easement on one of the more traditional grounds.

26 авг. 2021 г. · Equitable easements are for those claimants who are innocent—meaning those who may have acted mistakenly or in good faith but did not act ...

7 июн. 2022 г. · An equitable easement allows a court to refuse a landowner's request to remove a trespasser and instead force the landowner to accept damages.

29 мая 2020 г. · An equitable easement is an implied easement created by equity. Equitable easements are decided under the doctrine of relative hardships.

15 мая 2018 г. · The court explained that three factors must be present to establish an equitable easement: 1) The encroacher must be innocent. That is, the encroachment must ...

12 мая 2022 г. · The trial court ruled that Shih had an exclusive implied easement and an equitable easement to use the strip as it had been used historically.