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Implied-in-fact dedication case

Posted: Thu Jan 10, 2019 11:22 am
by steffan
Newly published appellate decision expanding on the recent Scher v Burke decision:

Re: Implied-in-fact dedication case

Posted: Sun Jan 13, 2019 7:13 am
by goodgps
Wow. Thank you.
This case may assist a property owner who has been using a proposed irrigation easement for many years. The proposed easement was shown in a parcel map but never formally accepted or otherwise documented. Suddenly a new property owner of the encumbered parcel decided to close the irrigation ditch and lock out the users.
The new owners attorney called the users of the easement telling them not to trespass anymore.

Re: Implied-in-fact dedication case

Posted: Sun Jan 13, 2019 8:38 pm
by steffan
GoodGPS, I don’t know. I have a different impression of this case’s applicability to your sitution. But then again, I’ve been wrong before.