• Land Use Attorney Capitola

Posts Tagged ‘recreational use exception’

CASE UPDATE: Court Holds That Public Recreational Use Exception Did Not Apply As A Defense To A Private Prescriptive Easement.

In Pulido v. Pereira, (2015) 234 Cal.App.4th 1246, the court of appeal upheld the trial court’s determination that a prescriptive easement existed and that the public recreation exception (Civ. Code § 1009), did not apply.  Pulido purchased some undeveloped property in Calaveras County.  For six years, the Pulido always accessed the property via a road called Quartz Hill Drive (which was a private road owned by Pereira), by disconnecting a chain strung between two posts at the entrance to the road.  One day, Pereira installed a gate and lock across the road entrance and told Pulido that he could no longer use the road.  Unfortunately, locking the gate affected several other neighbors who also used the road to access their properties, and the neighbors sued.  The trial court held that the neighbors had a prescriptive easement, satisfying the elements that the use of the property was open, notorious, continuous and adverse for an uninterrupted period of five years.

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Miles J. Dolinger
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