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Stoner v. Zucker

Supreme Court of California

83 P. 808 (1906)

Relevant factsFree

Stoner (plaintiff) gave Zucker (defendant) oral permission to enter his land to build an irrigation ditch, which Zucker did, spending over $7,000 constructing and maintaining it; Stoner later revoked permission and sued for an injunction to bar Zucker from entering the land to make further repairs, arguing the permission was only a revocable license, not an easement, and that giving it easement-like effect would violate the statute of frauds.

IssueFree

Whether, under California law, when a person enters upon real property under a parol license and expends money or labor in the exercise of rights granted under the license, the license operates as the equivalent of an easement and continues until abandoned by non-use.

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