Taking Title to Servient Tenements

2 Pages Posted: 20 Mar 2011

See all articles by Roger Bernhardt

Roger Bernhardt

Golden Gate University - School of Law

Date Written: November 1, 2004


This article previews two California cases where easements were acquired - one through prescription, the other by implication – and where conditions had thereafter changed before the defendants had acquired the servient parcels. The article deals with the question as to how title insurance protects clients who are acquiring property against being held subject to easements that were not recorded.

Keywords: Unwritten easement, implied easement, prescriptive easement, servient tenant, easement, title insurance, Larsson v. Grabach, Felgenhauer v. Soni

JEL Classification: K11

Suggested Citation

Bernhardt, Roger, Taking Title to Servient Tenements (November 1, 2004). Available at SSRN: https://ssrn.com/abstract=1789823 or http://dx.doi.org/10.2139/ssrn.1789823

Roger Bernhardt (Contact Author)

Golden Gate University - School of Law ( email )

536 Mission Street
San Francisco, CA 94105
United States

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