Dieterich International Truck Sales, Inc. v. J. S. & J. Services, Inc.

In an action to quiet title to an easement for access, the trial court ruled that plaintiff had acquired a prescriptive easement across a portion of defendants’ adjoining property, more particularly, a portion sufficient for trucks to enter and park in plaintiff’s service bays. The tenant defendant and the landlord defendant both appealed contending there was insufficient evidence to support the finding that plaintiff’s use of that portion of defendants’ property noted was hostile, adverse and under claim of right. Additionally, the landlord defendant contends the trial court erred as a matter of law in holding that a prescriptive easement can be obtained against his reversionary interest in the property. We agree with the latter contention, and so the judgment shall be affirmed as to the tenant defendant and reversed as to the landlord defendant.

Factual Background and Procedural Synopsis

This case presents a dispute between the owner and his tenant on one hand, and the owner on the other hand, of two neighboring, industrial lots, lying on the south side of East Steel Road in Colton, California. 2200 East Steel Road is vested of record in J. E. Dieterich, who owns…