What is the test for establishing a "traditional easement" in a property?

California, United States of America


The following excerpt is from Brandon v. City of San Diego, D068296 (Cal. App. 2016):

In appropriate cases where requirements for traditional easements are not present, California courts have exercised their equity powers to fashion protective interests in land referred to as "equitable easements." (Tashakori v. Lakis (2011) 196 Cal.App.4th 1003, 1008.) However, to justify the creation of an equitable easement, three factors must be

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