McLear-Gary

McLear-Gary v. Scott

Good Law
235 Cal. Rptr. 3d 443·25 Cal. App. 5th 145
Court of Appeal of CaliforniaJuly 11, 2018A146719California5,847 words

Opinion

lead Opinion

Jenkins, J.

*148 Deborah McLear-Gary appeals from a judgment declaring her prescriptive and implied easement extinguished by adverse possession. She contends the trial court erred in finding that defendants Emrys Scott, Freyja Scott and Sophia Scott (the Scotts) established an essential element of adverse possession-the "timely" payment of taxes during the five-year statutory period. (See *447 Code Civ. Proc., § 325, subd. (b).) 1 We agree with McLear-Gary that the Scotts' lump sum payment of several years' worth of delinquent property taxes did not constitute "timely" payment of taxes for *149 purposes of section 325, subdivision (b), and therefore the trial court erred in concluding that the Scotts extinguished her easement by adverse possession.

McLear-Gary also challenges the findings of the trial court that (1) the Declaration of Covenants, Codes and Restrictions (CC&R's) governing the properties at issue did not grant her an express easement for pedestrian and vehicular use; and (2) the scope of her prescriptive and implied easement did not include vehicular use. We conclude that substantial evidence supported both findings. Accordingly, we affirm in part and reverse in part the…

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