Scher v. Burke

Post-1972 public use of non-coastal land for any purpose cannot ripen into a prescriptive easement or implied dedication of the property.  Under Civil Code 1009(b) no post-1972 public use of non-coastal land (more than 1,000 feet from the shore) can ripen into an implied dedication of the land or an easement in it.  This case…

Hinrichs v. Melton

The trial court properly exercised its discretion to decree an easement by necessity benefitting a landlocked parcel over a route that caused the least disruption to the adjoining owners’ use of their properties.  A judgment granting a landlocked parcel’s owner an easement by necessity over neighboring properties to a road is affirmed.  For such an…

Vieira Enterprises, Inc. v. McCoy

Substantial evidence supported court’s determination that plaintiff had not obtained sole ownership of the road easement between his property and defendant’s; fence and gate did not constitute adverse possession because they had been erected by defendant’s predecessor to prevent plaintiff’s mobile home park’s tenants from crossing onto defendant’s property.  Substantial evidence supported the trial court’s…

Friends of the Hastain Trail v. Coldwater

Plaintiffs did not allege facts sufficient to show that defendant landowners impliedly dedicated a fire road over their land to public use, since fire roads are only temporary easements and do not alert the landowner to any risk that they could be surrendering property rights, and there was insufficient evidence that the road was constantly…