Blank Road Ltd., a California Partnership v. Marcia R. Shainsky, individually, Marcia R. Shainsky and David R. Vogen, et al.
Published: Jul. 20, 2004 | Result Date: Mar. 18, 2004 | Filing Date: Jan. 1, 1900 |Case number: SCV233068 – $0
Judge
Court
Sonoma Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Tom Berry
(technical)
Defendant
Robert Kazarinoff
(technical)
Facts
The defendants locked a gate that provided the plaintiff with access to a road through deeded easement. The defendant claimed to have adversely possessed it through the existence of water tanks located on the portion of the deeded easement adjacent to the plaintiff's property for over 30 years. At trial, the plaintiff proved the existence of the deeded easement, while the defendants were unable to prove the adverse possession affirmative defense.
Settlement Discussions
The plaintiff suggested that the defendants purchase the plaintiff's parcel. The defendants offered $50,000 for the plaintiff to abandon the easement.
Result
The court announced its tentative decision for the plaintiff; namely, that the plaintiff had a deeded easement coupled with an irrevocable license, that had not been adversely possessed. The court also found the defendants had an irrevocable license to leave the water tanks in the deeded easement. The court also exercised its equitable powers by placing restrictions on plaintiff's use of the road through defendant's property. Thereafter, the parties settled the action with a defendant purchasing the plaintiff's parcel. A condition of the settlement was dismissing the action with prejudice.
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