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Yes, you're right. I'm responding to the comment above which states that the case here is akin to forcing homeowners to allow people to picnic on their front la
by tathougies 7y ago
Yes, you're right. I'm responding to the comment above which states that the case here is akin to forcing homeowners to allow people to picnic on their front lawn. The difference is that homeowners own their lawn, while Khosla does not own the beach. Many homeowners have easements requiring them to maintain sidewalks and allow the public to pass through (I know I certainly do). In this case, I suppose the question is if California's 1979 law implied this easement or not. Either way, it is hardly unprecedented.
- jacobr1 7y agoRight, which is why the Supreme Count rightly refused the case. The issue isn't the general principle of beach access easements. The issue is the specifics of whether there actually is an effective easement on this particular property. Frankly, I can't tell from the article or the discussion if there actually is an easement. That fact that irrevocable easements can be created by long-term public use (called adverse possession?) makes this more complicated than it appears. Regardless, the right thing for Kholsa to do is provide access. And further the bad press probably is causing more issues than the few folks that would be accessing it ever would.
- dragonwriter 7y ago> That fact that irrevocable easements can be created by long-term public use (called adverse possession?) makes this more complicated than it appears. “Easement by prescription”.