California Court of Appeal

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Vieira Enterprises v. McCoy, 039293

In a property dispute primarily involving the claimed termination of a neighbor's recorded right of way in a private road by adverse possession and an award of damages against the claimant for impeding the neighbor's access to his own half of the road, the trial court's judgment is affirmed where although defendant correctly contends that the burden of proof of a prescriptive easement or prescriptive termination of an easement is not clear and convincing evidence and that adverse possession of an easement can originate with the possessor's mistake, and that the trial court did not instruct the jury about damages for annoyance and discomfort consistent with Kelly v. CB & I Constructors, Inc. (2009) 179 Cal.App.4th 442 (Kelly), establishing these points does not require reversal of the judgment.

Appellate Information

  • Decided
  • Published 2017/02/22

Judges

  • RUSHING

Court

  • California Court of Appeal

Counsel