Posted by noncompos on December 21, 2007 at 19:37:57 from (65.102.20.70):
In Reply to: Attempted Easement posted by KEH on December 21, 2007 at 17:02:41:
I just ran across my copy of Ogden the other day while clearing out some bookcases, and now I can't lay my hands on it...EASEMENTS OF NECESSITY, to my recollection, at least in Calif usage in the time I worked there, HAD to come out of the original tract/parcel the piece needing access was split from, like fr'instance: A owns 10 acres with pub rd frontage; A sells B his back 5ac (no pub rd frontage) and both neglect to mention access to the pub rd in the deed... Several generations/owners pass, B's successors want to build, can't get a loan without a recorded easement for access. A's successors try to hold B's people up for a high price. The court will grant B's an easement of necessity, BUT only over some part of the other 5ac of the original 10 acres. The Court has no power to grant B's an easement over C's, D's or anyone else's land, no matter how much more convenient it might be. As mentioned above, this's from memory as to Calif usage (and I believe OR) in the past, and later legislation/decisions may've changed things. John T: I'll try to find my copy of Ogden, just to see what it says (it's probably 50 yrs old now!!).
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