Schwager v. Anderson
Filed 3/30/06 Schwager v. Anderson CA6
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
| BRENT ANDRE SCHWAGER, Individually and as Trustee, etc., et al., Plaintiffs, Cross-Defendants, and Respondents, v. LOWELL F. ANDERSON, Defendant, Cross-Complainant and Appellant. | H027939 (Santa Clara County Super.Ct.No. CV799096) |
This action stems from a dispute between neighbors residing in a rural mountain area of Los Gatos over the extent and scope of an easement. It is one dispute among many[1] that have arisen between appellant, Lowell F. Anderson, who previously owned multiple parcels in the area and still owns at least two noncontiguous parcels, and several of his neighbors, each of whom owns property located next to or near Anderson's parcels.[2]
Brent Andre Schwager and Kelly Ann Schwager,[3] plaintiffs and respondents here, acquired a parcel (the Schwager property) that had at one time been owned by Anderson. When Anderson conveyed the Schwager property to one of their predecessors in interest, it was bare land with minimal improvements that included aboveground pipes along a strip of the property's western border and a water tank. Some of these pipes accessed springs that ran through Anderson's nearby undeveloped parcel and carried water from those springs to tanks located on his other parcel, where his residence is located. The rest of the pipes on the Schwager property delivered water from the tank located there to another adjacent parcel, then owned by Adams.[4] As part of Anderson's conveyance of the Schwager property in 1992, he reserved a 30-foot wide easement along its western boundary â€
