Felgenhauer

Felgenhauer v. Soni

Good Law
121 Cal. App. 4th 445·17 Cal. Rptr. 3d 135·2004 Cal. App. LEXIS 1283·2004 Daily Journal DAR 9571·34 Envtl. L. Rep. (Envtl. Law Inst.) 20067
Court of Appeal of CaliforniaAugust 5, 2004B157490California1,391 words

Opinion

Opinion

Gilbert, J.

Here we hold that to establish a claim of right to a prescriptive easement, the claimant need not believe he or she is legally entitled to use of the easement.

Jerry and Kim Felgenhauer brought this action to quiet title to prescriptive easements over neighboring property owned by Ken and Jennifer Soni. [[/]]*

A jury made special findings that established a prescriptive easement for deliveries. [[/]]

We affirm.

FACTS

In November of 1971, the Felgenhauers purchased a parcel of property consisting of the front portion of two contiguous lots on Spring Street in Paso Robles. The parcel is improved with a restaurant that faces Spring Street. The back portion of the lots is a parking lot that was owned by a bank. The parking lot is between a public alley and the back of the Felgenhauers’ restaurant.

[[/]]*

From the time the Felgenhauers opened their restaurant in 1974, deliveries were made through the alley by crossing over the parking lot to the restaurant’s back door. The Felgenhauers never asked permission of the bank to have deliveries made over its parking lot. The Felgenhauers operated the restaurant until the spring of 1978. Thereafter, until 1982, the…

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