Negron

Negron v. Dundee

Good Law
1990 Cal. App. LEXIS 725·221 Cal. App. 3d 1502·271 Cal. Rptr. 381
Court of Appeal of CaliforniaJuly 10, 1990B035685California2,258 words

Opinion

Opinion

Ashby, J.

This is a dispute between the present owners of two adjoining commercial properties, concerning an easement for parking, ingress and egress. Appellants Conrad and Lucy Negron own the property described as parcel 4, located at 3030 Foothill Boulevard in La Crescenta. Respondents Vince Dundee, Jr., and Rita Marie Dundee own the adjoining property to the west, known as parcel 3 at 3034 Foothill Boulevard. Appellants assert that respondents’ parcel 3 is burdened with an easement 40 feet wide and approximately 241 feet deep for ingress and egress and parking by appellants, their tenants and customers. By nonjury trial on the parties’ related complaint and cross-complaint, the trial court determined there is no easement and quieted title in respondents. Appellants appeal from the portion of the judgment which determines that appellants have no right, title or interest in an easement over the easterly 40 feet of respondents’ parcel.

Both parties were originally lessees from a common owner, the William-sons. The trial court found that the leases created the easement claimed by appellants, but that appellants’ easement was abandoned as a matter of law in 1978 when the easement…

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