Macciola

FACTS

David and Jolene Harms own a parcel of property in Templeton in San Luis Obispo County. The parcel is subject to a roadway easement that plaintiffs have used to access their homes for decades. All but one of the plaintiffs, Gary Thatcher, has a recorded 40-foot-wide easement. Thatcher has no recorded easement. Plaintiffs obtained titles to their properties between 1977 and 2011. All the plaintiffs have used the roadway openly, continuously, and without the Harms’ permission since they purchased their properties. Except for the first 130 feet from the public road, the roadway used by plaintiffs is within the recorded easement. The first 130 feet deviate from the recorded easement due to the challenging terrain. The road is unimproved. It is unsafe, particularly in winter. Paving the road will make it safer, improve drainage, and reduce maintenance. Paving will also increase the value of plaintiffs’ properties. Judgment The trial court awarded each plaintiff an easement for right of way across the Harms’ land based on prescriptive easement, equitable easement, and, except for Thatcher, on deeded easement. The trial court also granted plaintiffs the right to improve or…