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Ray
Ray, Lawyer
Category: CA Real Estate
Satisfied Customers: 37085
Experience:  30 years in civil, probate, real estate, elder law
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Ray When a person claims equitable easement, does he/she

Customer Question

For Lawyer Ray When a person claims equitable easement, does he/she have to state the location and size of the easement? Thanks.
Submitted: 1 year ago.
Category: CA Real Estate
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

Yes, you should raise this in a demurrer here.You argument is that her pleading fails to specify the easement claimed and is too general and vague.Make her specify it so that you can then raise other arguments if she amends her suit.

It is a valid defense for you to claim this either in your demurrer to plead specifically.Either way this is raises the issue and it is a legitimate one to raise.You may want to do this as a next step here and force them to be specific or face dismissal for failure to do so.

I appreciate the chance to help you today.Please let me know if you have more follow up.


Sample demurrer for you to file you will need to add your facts...
http://www.kinseylaw.com/attyserv/civil/lawmotion/demcompl.html
Thanks again and good luck to you.
Expert:  Ray replied 1 year ago.
If you can leave a positive rating it is always sincerely appreciated..