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Real Property
Quiet Title
Ingress and Egress

Christine A. O'Keefe v. Rosemary Barker

Published: Mar. 28, 2009 | Result Date: Jun. 5, 2008 | Filing Date: Jan. 1, 1900 |

Case number: CIV464951 Bench Decision –  Equitable Award

Court

San Mateo Superior


Attorneys

Plaintiff

Ginger L. Sotelo

Stephen D. Pahl


Defendant

Todd A. Aanenson

Michael D. McCracken


Facts

In August 1991, Christine O'Keefe bought property adjacent to property owned by Rosemary Gerboni. A dispute arose between O'Keefe and Gerboni as to the ownership of a strip of land containing an easement. O'Keefe repeatedly demanded Gerboni to cease use of the land. Later, O'Keefe sought to quiet title to the land.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that she was the rightful owner of the strip of land.

DEFENDANTS' CONTENTIONS:
The defense asserted that the former owners of O'Keefe's home conveyed the strip of land to Gerboni. Alternatively, defendants sought to quiet title based on adverse possession.

Result

The judge ruled in favor of the plaintiff, finding that defendants had no interest in the property other than an easement for ingress and egress. Plaintiff was also awarded nominal damages in the amount of $1.00.

Other Information

FILING DATE: Aug. 3, 2007


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