Equitable and Prescriptive Easements

[LS_8750]

Plaintiff tried everything to keep the giant retaining wall encroaching 30 or so feet onto defendant's property for a length of nearly 300 feet.
In the end, claims of equitable and prescriptive easements didn't stand.
Appelate court affirmed district court's judgement, per attached.
I worked for the defense team.

An interesting read about property rights if so inclined.
FWIW.

[Warren Smith]

I see why a lot line adjustment wasn't an option - both parties were attorneys. Upon appeal, they were smart enough to hire experienced counsel.

Fascinating discussion about required elements for various types of easements.

[LS_8750]

If I recall correctly the wall was about 17 feet tall near the point of furthest encroachment. There was never a dispute about the boundary line.

Demonstrating plaintiff's failure to meet the required elements for the various types of easement was key. Our task was to attack the integrity of the wall and point out that the local agency would not be able to issue permits for it in situ. Otherwise, at least some easement claims may have held up. You never know.

There was a sort of wild west gunfight feel to it.