King

King v. Wu

Good Law
160 Cal. Rptr. 3d 819·2013 Cal. App. LEXIS 647·218 Cal. App. 4th 1211·2013 WL 4152543
Court of Appeal of CaliforniaAugust 14, 2013B239801California1,085 words

Opinion

Opinion

Zelon, J.

Michael G. and Linda King brought action to quiet title over a strip of land on their neighbors’ property over which they claimed to have obtained a prescriptive easement The trial court granted their neighbors’ summary adjudication motion. We reverse.

FACTUAL AND PROCEDURAL BACKGROUND

Fred and Viola Fluckiger bought their property on June 24, 1960. Shortly thereafter they poured a concrete driveway partly encroaching on the neighboring property. The strip of driveway on the neighboring property (prescriptive strip) is approximately eight inches wide and 90 feet long. The Kings bought the Fluckiger lot in July 1994. They used the concrete driveway for ingress and egress to their garage and for parking in the rear of the driveway.

On March 29, 1963, Chung H. Wu, Cindy Wu, and Yu Tsen Wu, as Trustee of the Chung Han Wu Revocable Trust of 1993 (the Wus) became the owners of the property neighboring the Fluckigers. On October 16, 2009, they began constructing a metal guardrail over the prescriptive strip. Three days later the Kings filed a complaint seeking to quiet title over the prescriptive strip and asserting claims for trespass and declaratory relief. The Wus’ answer…

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