Grant

Plaintiffs sought to establish an easement by prescription over defendant’s land. The trial court found for defendant. Plaintiffs appeal contending the trial court failed to apply a presumption that the open, notorious and continuous use of defendant’s land was adverse. We conclude there is no such presumption here and affirm.

FACTS

George Leage and his wife, Claire, owned 33 acres of land in Morro Bay. The land was divided into two parcels, “Parcel A,” consisting of 13 acres, and “Parcel B,” consisting of 20 acres. The Leages lived in a mobilehome on Parcel A. A roadway, approximately 12 feet wide, runs along the boundary between the parcels at various locations. The roadway is not a recorded easement.

In 1976, the Leages divided Parcel B into two lots. The parcel map does not show the road. Instead, access to Parcel B is shown on the parcel map by a different road that runs through a portion of Parcel B.

In 1984, the Leages entered into a postnuptial agreement. The agreement allocated Parcel A to Claire and Parcel B to George. The agreement did not mention an access easement. When the parties separated in May of 1985, they conveyed Parcel A to Claire as her sole and…