Orange County Easement Attorney Obtains Judgment and Ends Dispute Between Neighbors

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Neighbor disputes are unfortunate, and while every effort should be made to avoid litigation, sometimes it is simply not possible. When an easement dispute erupted recently, the owner whose land was burdened by the easement contacted Orange County easement attorney Stephen Hammers for help.  The neighbor, who was himself an Orange County attorney, owned the right to landscape the easement area, and use it for general recreation, imposed certain restrictions on the landowner’s use of the easement area for construction on her residence.  This greatly delayed the construction.  The neighbor claimed his easement rights prevailed over the landowner’s use of the easement area for such purposes. Litigation became necessary, and Hammers succeeded in getting the client an injunction to allow continued entry onto the easement.  Judge Moberly in the Orange County Superior Court issued Mr. Hammers’ client the injunction. Meanwhile, the client had also discovered multiple instances of water intrusion into the home, so Hammers also sought a mandatory and permanent injunction precluding wrongful discharge of surface waters in the easement area by the neighbor. The neighbor cross-complained for interference with his property rights and injury to real property. He sought hundreds of thousands in damages, punitive damages and injunctive relief. After several days of testimony between these Irvine neighbors, the court found in favor of Mr. Hammers’ client, issuing permanent, mandatory and prohibitory injunctions, as well as attorney’s fees. All claims on the neighbor’s cross-complaint were denied. The neighbor then appealed to the California Court of Appeal, Case No. G049734. Mr. Hammers again represented Plaintiff on the appeal. The Court of Appeal affirmed the trial court’s judgment in every respect on July 16, 2015, awarding costs of appeal to Mr. Hammers’ client.

Client Homeowner/Developer v. Bhakta
Case No. 30-2012-00600613
Verdict (Judge Chaffee): In favor of Plaintiff, Represented by Mr. Hammers

Stephen Hammers
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