Diffenderfer
v. Kroll
Filed
1/29/07 Diffenderfer v. Kroll CA3
NOT TO BE PUBLISHED
California
Rules of Court, rule 977(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 977(b). This opinion has not been certified for
publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL
OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Calaveras)
----
DIANE E. DIFFENDERFER et al.,
Plaintiffs and
v.
GARY ALAN KROLL, as Trustee,
Defendant and
| C052503
(Super.
|
Gary Alan Kroll, as trustee of the Kroll Family
Revocable Trust (Kroll), appeals from a judgment in favor of plaintiffs Diane
E. Diffenderfer and Karen D. Busch denying his claim for a prescriptive
easement across their land and quieting title in plaintiffs' favor.
Kroll disputes on appeal the trial court's express finding
that there was insufficient
evidence to establish a prescriptive easement. We affirm the judgment.
Facts
and Proceedings
Diane Diffenderfer and her sister Karen Busch own
several contiguous parcels (hereafter the Diffenderfer property) in Calaveras County.
As relevant here, the Diffenderfer property borders what
is now Kroll's land on two sides, to the south and east. To the west of the
Diffenderfer property is a lot owned by Eloise Fischer, which lies between the Diffenderfer
property and Hawver Road.
A deeded easement permits the owners of the
Diffenderfer property to use an existing road easement that originates on their
land to cross the Fischer lot to access Hawver Road. At issue here is whether
Kroll has a right to use that portion of the existing road easement onto the Diffenderfer's
land that runs roughly east/west, parallel to Kroll's southern boundary, to
reach Fischer's lot and, from there, Hawver Road.
Former Owners
Diffenderfer's parents acquired the property in 1965, but
sold it in 1991 to Jerry Ray. Jerry Ray's interest in the property was subject
to a deed of trust.
Shortly after he purchased the property, Jerry Ray
purchased and recorded an easement in favor of what is now the Diffenderfer
property across the Fischer lot for access to Hawver Road. Diffenderfer paid
half the cost of the easement. At that time, Jerry Ray's father, Maurice,
owned what is now Kroll's property. Jerry Ray deeded an easement to Maurice in
1999, so Maurice could travel over the Diffenderfer property and use Jerry
Ray's easement over the Fischer lot to reach Hawver Road. The holder of Jerry
Ray's deed of trust did not consent to the grant of an easement to Maurice.
In 2000, Jerry Ray lost the property to foreclosure and
Diffenderfer reacquired it.
The Current Dispute
Kroll purchased his property from Maurice Ray in 2003.
The real estate agent who facilitated the sale told Kroll his only legal access
to the property was over a deeded easement to the south, on Lorinda Lane.
Shortly after Kroll purchased the property, Diane
Diffenderfer gave Kroll â€
| Description | Gary Alan Kroll, as trustee of the Kroll Family Revocable Trust (Kroll), appeals from a judgment in favor of plaintiffs Diane E. Diffenderfer and Karen D. Busch denying his claim for a prescriptive easement across their land and quieting title in plaintiffs' favor. Kroll disputes on appeal the trial court's express finding that there was insufficient evidence to establish a prescriptive easement. Court affirm the judgment. |
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