Supreme Court of California
Murphy v. Burch, S159489
In a quiet title action between owners of adjoining properties, court of appeal's judgment is affirmed where plaintiff did not establish an easement by necessity, as the need for access by itself does not entitle a landlocked property owner to burden a neighbor's land when the easement claim is traced back to a federal patent that did not reserve a right of access over the defendant's property when it conveyed that property and retained plaintiff's landlocked property.
Appellate Information
- Decided 04/27/2009
- Published 04/27/2009
Judges
- BAXTER, J.
Court
- Supreme Court of California
Counsel
- For Appellees:
- Petersen Law Offices, Thomas E. Owen and Robert C. Petersen, Fort Bragg, for Defendants and Appellants., Carter, Vannucci & Momsen, Jared G. Carter and Brian C. Carter, Ukiah, for Plaintiff and Respondent.