Hurlocker v. Medina’s Empirical Analysis

Citation profile

13 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Easements by necessity arise from an implied grant or reservation of right of ingress and egress to a landlocked parcel. In order to uphold an easement by necessity},] a court must find a conveyance of a portion of the grantor’s land that, after the severance of the two parcels, creates a necessity to pass over one of them to reach any road or public street. An easement by necessity requires: (1) unity of title, indicating that the dominant and servient estates were owned as a single unit prior to the separation of such tracts}]; (2) that the dominant estate has been severed from the servient tract, thereby curtailing access of the owner of the dominant estate to and from a public roadway; and (3) that a reasonable necessity existed for such right of way at the time the dominant parcel was severed from the servient tract.”

   1 later decision quote this exact passage
   e.g. Los Vigiles Land Grant v. Rebar Haygood Ranch, LLC

2. “Therefore, the implied intention of the parties is a more reliable foundation than public policy upon which to build the analytical framework necessary to sustain easements by necessity; it is only when the record provides absolutely no insight from which an inference as to the intent of the parties can be drawn that public policy is employed as a significant factor.”

   1 later decision quote this exact passage
   e.g. Visser v. Craig

3. “Servitudes by necessity arise only on severance of rights held in a unity of ownership. This severance can take place when a grantor, who owns several parcels, conveys one or more to others. It can also take place when a grantor divides a single parcel into two or more parcels, and it can take place when a grantor conveys less than full ownership in a single parcel.”

   1 later decision quote this exact passage
   e.g. Campbell v. Summit Plaza Associates