Buechner

In an action to quiet title plaintiffs and cross-defendants appeal from decree quieting title in favor of defendant and cross-complainant.

Question Presented.

Did defendant abandon her easement?

Record.

On October 2, 1953, defendant and her husband (now deceased) acquired title to certain residence property in Saratoga, California, and to “a non-exclusive easement for ingress and egress and for public utilities” in a 30-foot strip of land fronting on said property. Said strip is known as Bella Vista Avenue. In the year 1954, defendant caused a certain hedge to be planted in said strip which hedge has ever since been maintained there. Defendant believed that such hedge would beautify the appearance of the neighborhood and enhance the value of defendant's and the adjoining property, and would not interfere with the use of the strip for ingress and egress and public utilities by defendant and the other owners of the nonexclusive easement.

There was evidence that both the paved and unpaved portions of the strip were used by defendant, her family and others, for automotive, bicycle and pedestrian traffic, thus using the strip on both sides of the hedge.

In 1959 plaintiffs…