California Court of Appeal

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McLear-Gary v. Scott , 146719

Reversed in part a bench trial's finding that a prescriptive and implied easement had extinguished by adverse possession in a quiet title case where the plaintiff sued a neighbor who had installed a locked metal gate preventing access to a trail/foot path. In reversing, the First Appellate District determined that the easement had not extinguished because not all the required elements of adverse possession had been met.

Appellate Information

  • Decided
  • Published 2018/07/11


  • Jenkins


  • California Court of Appeal