In 2010, the francs cut the irrigation lines without warning and removed the electric lighting along the roadway. The Franks then sent a letter to the Richardsons requesting the removal of all landscaping and improvements to the ease of the roadway. In response, the Richardsons sued the Francs by seeking, among other things, an irrevocable license for the conservation and maintenance of landscaping, watering, lighting and other systems that support landscaping. Landscape Licence: The sustainable and substantial improvement of a landowner`s landscape to a pavement development on his neighbour`s land leads to an irrevocable licence that gave him a permanent right to improve and maintain landscaping along the roadway. A license is different from a relief. A license is available when a property owner gives permission to use their property. As a general rule, the holder issuing the certificate may revoke the certificate at any time, for whatever reason. If the licensee sells the property, the license is automatically revoked. However, a licence can become irrevocable if the owner knowingly allows his neighbour to improve the owner`s land and the neighbour spends a lot of time, effort and money on improvements and maintains them over a long period of time. After the trial, the court granted the Richardsons and all future owners of the Richardson land an irrevocable licence to continue to improve and preserve landscaping along the roadway. The court found that it would be unfair to require the destruction of landscaping, given the considerable time, effort and effort that have been invested over the years in improvements and maintenance, without the objection of the franc.
Relief is the right of a landowner to use part of his neighbour`s land for limited purposes. As a precondition for the construction of undeveloped shared land, a county or other public/local authority will often require that certain parts of the land be made available to facilitate roads, so that landowners can access their respective lands. The owner of the land on which the roadway is located must allow his neighbours to use access to the roadway. People who use the roadway should not otherwise interfere in the use of the land on which the facility is located. The California Court of Appeal in Richardson/. Franc (2015) 233 Cal. Towards 4th 744, stated that substantial landscape improvement and maintenance over a long period along a roadway, without any objection from the owner of the property on which the relief lay, led to an irrevocable license to maintain and improve landscaping. In Richardson is the Richardson property next to the freehold property. Above a part of the land in francs, there is an ease of pavement.
Beginning in 1989, and before the Richardsons or Francs purchased their real estate, the former owner of the Richardson property made significant improvements to the roadway development at a high cost over a ten-year period. Improvements include an irrigation system, plants, shrubs, trees, fire protection water systems and electrical lighting along the roadway. In addition, the previous owner has maintained regular improvements. A license is a contract. In order to avoid further litigation over the terms and duration of the licence, the licensee should reduce the licence to the letter and indicate the terms and duration of the licence. The written license agreement should be signed and dated by all parties. The Richardsons bought their property in 2000.