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330 N D St, Ste 542, San Bernardino, CA 92401
330 N D St, Ste 542, San Bernardino, CA 92401

“Plaintiff has an easement on the land of Defendant for the purpose of [e.g., providing ingress and egress to the public
highway]. A person with an easement and the owner of land on which the easement lies each have a duty not to unreasonably interfere with the rights of the other to use and enjoy their respective rights. Neither party can conduct activities or place obstructions on the property that unreasonably interfere with the other party’s use of the property.
In this case, Plaintiff claims that Defendant [e.g., built a gate across the path of the easement]. You must determine whether Defendant’s [e.g., building of a gate] unreasonably interfered with Plaintiff’s use and enjoyment of the easement.”

[CACI Jury Instructions [citations omitted]]


Post Author: lawofficesofjamesrdickinson