Van Amersfoort v. Young

MUSSELL, J.

Defendants appeal from a judgment permanently enjoining them from interfering with or in any manner preventing the free and unobstructed use by plaintiffs of a roadway across the lands of defendants.

[23]

The trial court found as follows:

1. That since the month of August, 1935, the plaintiff, A. Van Amersfoort, has been and now is the owner of an 80-acre tract of land lying northerly of defendants’ land known as the ‘1 Hammond Ranch,” which is situated easterly from the town of Encinitas, San Diego County, California.

2. That at the time of the purchase of said land by plaintiff there was a well defined roadway running from the county road at the west line of defendants’ property in the easterly direction to and past the site of the old Hammond house on defendants’ land, then turning north and running along the east side of an old fence, to the north line of defendants’ property, and there entering upon the property of plaintiffs. (It was then stated that the road was 12 feet in width and the center line was particularly described.)

3. That from August, 1935, to the time of filing this action, the plaintiff used said roadway openly, notoriously and continuously for the purpose of going to and from his land, the 80 acres lying at the north of defendants’ property, for the purpose of cultivating or improving said land.

4. That the use of the roadway aforementioned was not by permission or a license from the defendants or from any of their predecessors in interest of the Hammond ranch.

5. That during the month of March, 1949, the defendants placed barbed wire upon and across the roadway at the gate-opening, leading from defendants’ land into plaintiffs’ land, and thereby barred the plaintiffs from entering their land.

6. That plaintiffs were thus prevented from entering their property for the period of approximately 30 days, as a result of which their fruit trees upon said land were damaged for lack of care, in the sum of $30.

From the foregoing facts the court concluded that by the use of the said road openly, notoriously and adversely, for more than five years, commencing in the year 1935, the plaintiffs had acquired an easement by prescription in the described roadway; that said easement was acquired by the plaintiffs prior to the acquisition of the property by the defendants ; that the defendants are entitled to maintain gates at the ends of the roadway in question and that the plaintiffs are entitled to the injunctive relief prayed for in the complaint.