Residents of the Bermuda Dunes airstrip are gearing up for a legal battle after a long-standing verbal agreement for airstrip access was dismissed by new property owners. The dispute centers on homeowners with hangars who claim they were promised continued access to the taxiway—a promise the new owners now refuse to honor.
Legal expert Walter Clark joined NBC Palm Springs to shed light on the issue. “This airstrip has a complicated history, dating back to the 1960s when properties were sold with the understanding that residents could have hangars and homes with direct airstrip access,” Clark explained. “Unfortunately, after developer Ernie Dunleavy passed away in 2013, ownership changed hands, and no formal written easement was ever created.”
California’s statute of frauds requires that such agreements be in writing to be enforceable. Without a written easement, the homeowners face an uphill legal battle. “Verbal agreements can exist, but they’re not legally enforceable,” Clark emphasized.
However, homeowners aren’t giving up. They’ve hired attorney Sean Murphy of Slovak Baron, who has laid out several legal theories. These include a possible easement by necessity—arguing there’s no other way to access the property—an implied easement, promissory estoppel based on long-standing promises, and even a prescriptive easement based on continuous use without objection.
While the case is already in court, delays are typical for this type of complex litigation. A settlement is possible, but no clear resolution is yet in sight.
Clark offered a vital reminder: “When you have an agreement, get it in writing. Verbal understandings can’t be enforced, and reading every contract is crucial. It’s a tough situation for the homeowners, who have relied on these arrangements for decades.”
As the case unfolds, it highlights the importance of clear documentation in property agreements, particularly in situations involving shared or private access rights.
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By: Fred Roggin
May 30, 2025
