Tuesday, January 16, 2018
McBride v. Smith
Cal.App. 1st Dist. (A147931) 1/4/18
The court overruled the trial court's sustaining of a demurrer, concluding that plaintiff asserted two core allegations which, if proven, were sufficient to raise a triable issue of fact as to whether plaintiff's use of an easement for five years was adverse to defendants property rights: 1) the allegation that plaintiff used the easement in a way that exceeded the usage authorized by the recorded grant and 2) the allegation that plaintiff and her associates used the easement on a "daily basis" because daily use of the easement significantly expanded the use allowed under the terms of the recorded grant.