California Court of Appeal

In dispute involving a claim of prescriptive easement against two adjoining properties by plaintiffs on the basis of continuous use, summary judgment in favor of defendants on the ground that no prescriptive easements had arisen because plaintiffs did not pay property taxes on a separately assessed railway that straddles claimed properties is reversed where the railway easement was not coextensive in use with claimed easements and therefore payment of taxes by plaintiffs on the railway easement was not an element of their claim.

Appellate Information

• Decided 04/27/2011
• Published 04/27/2011

Judges

• FYBEL

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Thomas H. Cadden, Clifford E. Frieden