Gaviota Holdings v. Chicago Title Ins. CA2/6

Background The property at issue (the Property) is a 38.22-acre parcel of oceanfront land "just outside the City limits of Goleta" in an unincorporated area of Santa Barbara County. Respondent's appraisal expert, David Marx, testified: "This is a premier oceanfront estate type property, so developing a single family estate with guesthouse and a pool . . . would be the highest and best use of this site." Zoning laws permit the construction of only one single-family residence on the Property. In 1979 the owner of the Property granted a "right of way" easement to Pacific Lighting Service Company and its "successors and assigns."1 On the right of way, the holder of the easement is entitled to lay and operate pipelines, including appurtenant equipment, "for the transportation of gas [and] petroleum products." The holder of the easement is also entitled to "maintain a patrol road along the right of way with the right to reasonable ingress and egress over grantor's property to and from [the] right of way." The area of the right of way is 1,625 square feet. The area required to provide ingress and egress is approximately 3,300 square feet. "The easement is located at the only…