California Court of Appeal

In this case involving a 150-foot long road easement traversing land belonging to defendant neighbors, plaintiffs brought suit seeking to establish their right to an irrevocable license which could grant them an uninterrupted right to continue to maintain the landscaping and other improvements. Defendants had earlier demanded that plaintiffs remove landscaping, irrigation, and lighting appurtenant to the easement area on grounds that plaintiffs' rights in the easement area were expressly limited to access and utility purposes, which were exceeded by the landscaping and other improvements. The trial court's decision finding that, irrespective of the terms of the easement, it would be inequitable to deny plaintiffs an irrevocable license given their substantial investment of time and money on the landscaping and other improvements, and given defendants' years of acquiescence, is affirmed, where the court's decision was sound, equitable, and supported by substantial evidence.

Appellate Information

• Decided 01/27/2015
• Published 01/27/2015

Judges

• Ruvolo

Court

• California Court of Appeal

Counsel