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CUSHMAN v. DAVIS

Docket No. 41178.

80 Cal.App.3d 731 (1978)

145 Cal. Rptr. 791

LEROY T. CUSHMAN, Plaintiff and Appellant, v. RICHARD D. DAVIS et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Three.

May 8, 1978.

Attorney(s) appearing for the Case

COUNSEL

Little, Evans, Zoller, White, Dok, Daiker & Matteoni, Norman E. Matteoni, Miller, Starr & Regalia, Harry D. Miller and Louis S. Weller for Plaintiff and Appellant.

Hays, Sanford & Latta and Walter V. Hays for Defendants and Respondents.

OPINION

JENKINS, J.*

This is a classic hornbook case. Concepts of easements "appurtenant" or "in gross," and "dominant" versus "servient" tenements, which were mystifying in law school, the bane of bar examinations, and buried during long legal and judicial careers, now surface.

A [appellant] owner of Blackacre since 1976, seeks to subdivide his 16-acre parcel and obtain access by a road across...

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