Encroachments / Equitable Easements
Tuesday, November 15, 2016
Nellie Gail Ranch Owners Association v. McMullin
The court upheld an injunction requiring the removal of improvements that an owner of a residence in a planned development constructed onto common area of the owners association. The court held that property owners 1) could not establish adverse possession because they had not paid property taxes on the disputed area, and 2) could not establish an equitable easement because of their knowledge that the improvements extended beyond their property line and that they did not have the owners association's approval to construct the improvements.
Cal.App. 4th Dist., Div. 3 (G051244) 10/3/16 (Mod. & Pub. Order 10/27/16)