Field-Escandon

Introduction

This appeal concerns a dispute between adjacent landowners over a sewer line which has been in existence for more than 25 years. Raul Field-Escandon, plaintiff and cross-defendant, (appellant) appeals from the judgment in favor of defendants and cross-complainants Frederick DeMann and Andrea Lynn DeMann (the DeManns or respondents) on his complaint for trespass and their cross-complaint for declaratory relief and establishment of an easement across appellant’s property. Upon the DeManns’ motion for summary judgment, the trial court ruled that appellant’s trespass action was barred by the statute of limitations. After trial on the cross-complaint, the trial court declared that the DeManns had a prescriptive easement for the sewer line crossing appellant’s property and permanently enjoined appellant from interfering with the sewer line. Appellant contends that the sewer line is a continuing, rather than a permanent, trespass and therefore the statute of limitations has not expired. He also contends that an unrecorded sewer permit did not constitute constructive notice of the adverse use upon which the finding of a prescriptive easement was based.

We find that…