A California property owner has no legal access to a public road and cannot obtain a voluntary agreement from the adjacent landowner. Which type of easement is the property owner's most appropriate legal remedy?
Correct Answer
D) Easement by necessity, established through a court action
An easement by necessity is the correct remedy under California Civil Code §845 and established case law (e.g., Silacci v. Abramson). Courts recognize this easement when a parcel has no access to a public road and the landlocked condition resulted from a common grantor severing the property. The court grants access across the most reasonable route on the burdened parcel because the easement is essential to any beneficial use of the property.
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Previous Question
In California, three liens exist against a property: (1) a property tax lien for $8,000, (2) a first deed of trust recorded on January 15 for $300,000, and (3) a mechanics' lien for work that commenced on January 5, recorded on April 10. The property is sold at foreclosure for $350,000. In what order are the lien holders paid?
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California's mechanics' lien law requires most claimants to serve a preliminary 20-day notice to preserve lien rights. Which party is statutorily exempt from this requirement?