Under California law, an easement may be terminated by all of the following methods EXCEPT:
Correct Answer
C) Non-use of the easement for a period of three years
In California, mere non-use of an easement, even for an extended period, does not by itself terminate the easement. Non-use must be accompanied by clear evidence of intent to abandon the easement. Three years of non-use alone is insufficient to terminate an easement under California law.
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Previous Question
A California homeowner records a declaration of homestead on January 10. On February 15, a creditor records an abstract of judgment against the homeowner. The homeowner's equity in the property is $250,000, and the California homestead exemption is $300,000. Can the creditor force a sale of the property?
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A developer in California records a set of deed restrictions (CC&Rs) for a new subdivision that prohibit any lot from being used for commercial purposes. Twenty years later, the surrounding area has become entirely commercial, and the subdivision is the only remaining residential area. A lot owner wants to open a retail store. Under California law, what doctrine might allow the court to refuse enforcement of the restriction?