Linthicum

When does a trial court properly exercise its discretion to create an equitable easement? This case provides a good example.

Plaintiffs bought a parcel of land on which defendant owners of neighboring parcels used a roadway, the only access to their land. Plaintiffs sought an injunction to prevent defendants from using the roadway. Defendants cross-complained to quiet title to an easement for the roadway. The trial court quieted title to an equitable easement in favor of defendants. We remand for the trial court to specify the width of the roadway easement, reverse an unrelated cause of action regarding a utility easement, and otherwise affirm.

FACTS

This case concerns a large tract of mountainous land located near Los Padres National Forest in Santa Barbara County. Originally, the entire tract belonged to the United States government.

In 1891, the government patented what would become parcels 2 through 10 to Thomas Bush. The government kept parcel 1. In 1943, Francis Griswold obtained parcels 2 through 10. A public road, San Marcos Road, gave Griswold direct access to his parcels.

Griswold also wanted access to San Marcos Road over a portion of parcel 1. In 1947, he…