Shoen

A trial court has the power to issue an equitable easement authorizing a trespasser to continue her trespass in exchange for paying damages, but only if, among other things, the hardship on the trespasser in ceasing the trespass is “greatly disproportionate” to the hardship on the land’s owner in losing use of the trespassed-upon portion of her land. (E.g., Tashakori v. Lakis (2011) 196 Cal.App.4th 1003, 1009-1012 [ 126 Cal.Rptr.3d 838 ] (Tashakori); Christensen v. Tucker (1952) 114 Cal.App.2d 554, 560-563 [ 250 P.2d 660 ] (Christensen).) Here, we address what constitutes a “greatly disproportionate” hardship, and conclude that a trespasser’s hardship in having to remove her portable patio furniture does not qualify. We accordingly reverse the trial court’s issuance of an equitable easement, and remand for further proceedings.

FACTS AND PROCEDURAL HISTORY

Plaintiff Lilli Shoen (Shoen) and defendant Juliet Zacarías (Zacarías) are neighbors. Shoen and Zacarías own adjacent parcels on a hillside. Situated between them is a relatively flat patch of land a little more than 500 square feet in area. It is undisputed that most of the patch (approximately 481 square feet) is…