Larsson

The Larsson Family Trust (LFT) owns a 160-acre parcel of property (sometimes referred to herein as the Larsson property) in Madera County. LFT brought this quiet title action seeking a court determination that LFT held an easement (an unpaved road) across a neighboring 122-acre parcel owned by appellants Jimmy and Deama Grabach. The unpaved road across the Grabach property connects the Larsson property to a paved public road known as Road 400. The trial court found that LFT held an easement by necessity and an easement by implication in the unpaved road across the Grabach property.

The Grabachs have appealed. They contend that: (1) there was insufficient evidence to support the trial court’s finding of the existence of an easement by necessity, (2) there was insufficient evidence to support the trial court’s finding of the existence of an easement by implication, and (3) the trial court erred in denying their motion for a new trial. As we shall explain, we agree with the Grabachs’ first contention only. The evidence was, however, sufficient to support the trial court’s finding of an easement by implication. We will therefore affirm the judgment only insofar as it finds…