Does a long-standing encroachment on a parcel of land constitute an equitable easement?

To the contrary, the only decision we have located that explicitly considers the issue, Donnell v. Bisso Brothers, supra, 10 Cal.App.3d 38, rejected the argument that only a long-standing encroachment would justify the creation of an equitable easement. In that case, the plaintiff had only recently constructed a new road that was located on what turned out to be the defendant's property. (Id. at pp. 45-47.) Nevertheless, the court concluded it was proper to create an easement in equity, "even though [the plaintiff's] mistaken and harmless encroachment be of recent origin." (Id. at p. 47.)

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