Ross v. Lawrence

COUGHLIN, J.

The sole issue on this appeal is whether ■the evidence supports the finding of the trial court that an easement had been extinguished by adverse use.

■ The plaintiffs, appellants herein, brought this action to restrain the defendants, the respondents herein, from interfering with the former’s use of an easement for ingress and egress over the latter’s property, which consists of two parcels. The defendants cross-complained and asked the court to quiet their title to the property in question.

The plaintiffs and the defendants, respectively, are the owners of property divided by the center line of Carnation Avenue, a private roadway. Originally, this roadway was 50 feet in width; consisted of two easements for ingress and egress purposes, 25 feet in width, on each side of the dividing line between the properties in question, in favor of the owners of the property adjoining each easement; and was created by appropriate provision in the deeds executed by the common grantor of all of the parties. In 1948 the predecessors in interest of the defendants constructed a curbing and a retaining wall along a line 10 feet within the easement upon their property; built apartment houses on that property; and, thereafter, caused their automobiles and those of their tenants to be parked diagonally to the curb and into the remainder of the easement. After the defendants became owners of the property they continued this practice. As a result, the plaintiffs and their predecessors in interest were prevented from using the easement as a means of ingress and egress to and from their property.

In February 1961, the plaintiffs filed their complaint in the instant action in which they alleged, among other things, that commencing with January 11, 1957,

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up to the time of the filing of their complaint, the defendants blocked and obstructed the subject easement so as to make it impossible for the plaintiffs to pass over the same, and asked that its future obstruction be enjoined.

The trial court found, in substance, that the plaintiffs’ easement across the defendants’ property had been extinguished by adverse user; concluded that the title to the defendants’ property should be quieted against the easement claims of the plaintiffs; and entered judgment accordingly. The plaintiffs

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