Thomson

This case involves a dispute between adjoining landowners focusing on the rights in and title to a dirt roadway named Twin Falls Creek Road (sometimes referred to as the road).

The defendants (respondents and cross-appellants) are neighboring landowners in the foothills of the southern Santa Cruz Mountains west of Morgan Hill, between San Jose and Gilroy. Plaintiffs’ (appellants’) land lies along either side of the lower reaches of Twin Falls Creek at and above its confluence with Llagas Creek. The defendants’ property is all upstream along Twin Falls Creek, beyond the land of plaintiffs.

Each creek has a narrow, unimproved, dirt road which roughly parallels it. Twin Falls Creek Road, following its namesake, provides access for all parties to this litigation; beginning at Casa Loma Road it first passes over the lands of plaintiff and thereafter, in a generally westerly direction, upstream to defendants. Once the road reaches the land of the defendants there is no further dispute since all defendants’ parcels are contiguous and there is no litigation amongst them. The road deadends into Casa Loma Road, just downstream of the confluence of the two creeks, and Casa Loma…