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News & Press: Court Cases

Prescriptive Easements

Tuesday, July 17, 2018  
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McLear-Gary v. Scott
Cal.App. 1st Dist. (A146719)  7/11/18

In this appeal from a judgment declaring plaintiff's prescriptive and implied easement extinguished by adverse possession, the court affirmed in part and reversed in part, holding:

  1. Where an easement is not separately assessed, the servient tenement owner must pay property taxes on the servient tenement in order to extinguish the easement by adverse possession.
  2.  C.C.P. Section 325(b) provides that one of the elements of adverse possession is the "timely" payment of property taxes for the statutory period. This requirement was not satisfied where several years of delinquent taxes were paid in a lump sum.
  3.  The provision in CC&R's for a 60-foot wide easement for ingress and egress "to or from any Parcel" applied only to the original 160 acre parcels and not to subsequent subdivisions of those parcels.


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