Silacci

This lawsuit resulted from a dispute between neighbors over use and ownership of a portion of land behind their houses. Richard B. and Janet Abramson (hereafter collectively Abramson) and their predecessors fenced in and used as a backyard some 1,600 square feet which Robert and Rusty Silacci (hereafter collectively Silacci) contend belongs to them. Silacci filed a complaint for declaratory relief, and Abramson cross-complained to quiet title to a prescriptive easement. The trial court found that Abramson had an exclusive prescriptive easement over the fenced-in portion of Silacci’s property. We reverse the judgment.

Facts and Procedural Background

The disputing neighbors live in adjoining subdivisions along highway 68 south of Salinas in Monterey County. The earlier development, called Toro Park Estates, is the one in which Abramson lives. The adjoining subdivision, Toro Hills Estates, developed later, is the one in which Silacci lives.

The disputed parcel lies where the rear boundaries of the backyards converge. Toro Creek runs through the Silacci lot and that part of Silacci’s property which lies across Toro Creek next to Abramson’s property line is the portion in…