Tuesday, March 21, 2017
Vieira Enterprises v. McCoy
The court held that plaintiff was not able to establish termination of an road easement by adverse possession, finding that:
- Adverse possession of an easement can originate with a mistake.
- Under the circumstances of this case, the acts of maintaining an apparent boundary fence and a mostly locked gate across a 140-foot section of the easement, planting palm trees along the apparent boundary, maintaining waste bins and parking spaces on part of the easement, and paving the private road, individually or collectively as a matter of law were not hostile to or destructive of defendant's recorded right of way in the private road.
- Encroachment by mobile homes onto the easement by plaintiff's tenants in its mobile home park was not sufficient to establish adverse possession as to the entire easement area because the encroachments did not interfere with defendant's use of the easement.
- Plaintiff's alleged adverse possession could not be tacked onto its predecessor's alleged adverse possession where there was not evidence as to whether the predecessor's use was permitted or hostile.
- Defendant was not required to remove a retaining wall that encroached onto the easement area where the encroachment did not interfere with plaintiff's use of the easement.
Cal.App. 6th Dist. (H039293) 1/23/17 (Mod. and cert. for partial publication 2/22/17 - order attached)