Tariwala

FACTS AND PROCEDURAL BACKGROUND

Mack owns a vacant parcel at 2957 Los Robles Road in Thousand Oaks (Mack property). Respondents own a small house on an adjoining lot at 2949 Los Robles Road (Tariwala property). A recorded easement over the Mack property provides the Tariwala property with its only access to the road (the easement). Mack and his family owned both properties for many years. Intra-family transfers and purchases resulted in Mack acquiring sole title in 2000. He lost title to the Tariwala property in 2011, however, after defaulting on a loan secured by a deed of trust. The foreclosing lender initially allowed Mack to remain on the Tariwala property so he could remove garbage, inoperable vehicles, and other personal items he had accumulated over the decades. Mack neither cleared the property nor vacated, forcing the lender to file an unlawful detainer and evict him in 2015.

CitiMortgage, Inc. v. Keith Mack (Super. Ct. Ventura

County, 2011, No. 56-2011-00405818-CL-UD-SIM).

2 Respondents bought the Tariwala property from the bank in 2017.3 Mack did not welcome his new neighbors. He denied an easement existed and refused them access over his property so they could…