Hewitt
Hewitt v. Meaney
Opinion
Opinion
Agliano, J.
I
Plaintiffs Leland and Barrie Hewitt appeal from a judgment denying their claim of an easement or way of necessity across the property of defendants Edith Meaney and County Bank & Trust as trustee of the Daniel Meaney and Edith Meaney Family Trust. We affirm for the following reasons.
II
The facts are essentially undisputed: Plaintiffs’ 72-acre parcel borders the southside of defendants’ 78-acre parcel in rough, hilly terrain in Bonny Doon, Santa Cruz County; defendants’ property borders on a public road while plaintiffs have no access.
The Hansens brought the two parcels into common ownership in July 1934 and so granted them to Edna Cowell in July 1936. The parcels were severed in November 1936 when Cowell granted what is now defendants’ portion, to Williams. Defendants acquired it, after various mesne conveyances, from Yoder in September 1953.
Edna Cowell transferred plaintiffs’ parcel to the H. Cowell Company in September 1936, which in turn granted it to the Cowell Foundation trustees in March 1956. The parties stipulated for purposes of this litigation to regard this parcel as held in continuous ownership by the same entity (Cowell) until its sale to plaintiffs…