Real Estate Law

As the Real Estate, Construction and Collection attorney at Penney and Associates, I deal with interesting cases every day. If you have a real estate, construction or collection legal question do not hesitate to call our office at 916-652-7235.
In Los Angeles (this type of case occurs in Sacramento, San Francisco, Roseville or any other city), the court granted a Mr. Gillingham and his neighbors an equitable easement across the property of Rancho Agua Dulce LLC. A number of plaintiff's used a dirt road known as "Briggs Road" for 30 years to access their homes. The road crossed a parcel of mostly vacant land owned by the defendant. According to the plaintiffs, the only reasonable access to their homes was through Briggs Road. They claimed an implied easement and a prescriptive easement. This litigation arose out of defendants erecting a gate across the access road. The defendant claimed the homeowners were trespassing on its land. The court held for the plaintiffs and found that the road had been in use in some fashion since 1930.
The outcome of this case does not guarantee the same outcome to a case that may have a similar fact pattern.