Medina v. Brown

SCHOTTKY, J.

Rollen Edgar Brown and his wife Mildred Gertrude Brown and George Porter and his wife Leah Porter have appealed from a judgment granting John J. Medina and his wife Bertha Clark Medina ¡an easement for almond farming over a portion of appellants’ land.

The Medinas, the respondents, own the north one-half of Lot 14. The appellants own the south one-half of Lot 14. Each property has mature almond trees growing thereon. Mrs. Medina first took possession of the north one-half of Lot 14 in 1939, and shortly thereafter she built a cattle fence on the southern boundary of her property. This fence was removed one year later. Brown acquired the south one-half of Lot 14 in 1951. At the time no continuous fence separated the properties. In 1952 Brown built a fence around: his property in order to pasture livestock. In 1956, before Blown sold a portion of his property to the Porters, the property was surveyed and the true boundary was determined. Immediately thereafter he constructed a new fence some 12 feet north of the old fence. The Medinas had used the land in dispute since 1943. They used the 12-foot strip in question for harvesting, which meant that canvas was spread upon the ground and the trees were knocked to shake the almonds to the ground. After Brown constructed the second fence, the Medinas brought an action to compel the Browns to remove the fpnee, to prevent trespass, and for damages. ¡

The second amended complaint alleged in count one that the Medinas were the owners of the north one-half of Lot 14; that the Porters and the Browns were the owners of the south one-half of Lot 14; that the Medinas were in exclusive and adverse possession of the northerly 12 feet of the Porters’ and Browns’ property since 1939, claiming to own the same in fee against the world; and that the Medinas had paid the taxes assessed against the property. Count two of the complaint alleged

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trespass. The Porters and the Browns cross-complained and sought to quiet title.

The trial court found that the Medinas were entitled to an easement for “almond farming and orchard farming” in all usual and reasonable methods over the property in dispute. The Porters and the Browns have appealed from the judgment entered in accordance with said findings.