Is there an implied easement or does there need to be an implied or explicit agreement between a plaintiff and the grantor to allow a temporary use of the land?

California, United States of America


The following excerpt is from Warfield v. Basich, 161 Cal.App.2d 493, 326 P.2d 942 (Cal. App. 1958):

These facts support, if they do not compel, an inference that plaintiff knew at the time of the purchase that the permitted uses were temporary and by express agreement and not by easement. See Peet v. Schurter, supra, 142 Cal.App.2d 237, 298 P.2d 142, where the finding of the trial court that there was no implied easement was held to be sufficiently established by evidence that the plaintiff's predecessor in title was advised by the grantor that the use was only temporary and that plaintiff knew of the temporary character of the use at the time of purchase.

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