Blake v. Parker
This case presents a long-standing property dispute among neighbors in the Malibu mountains. Appellant Kristin Blake claims rights to easements running through respondents Timothy and Kerry Parkers property, which abuts Blakes property to the south. Although the trial court ruled that Blake possesses various easements over the Parkers land, Blake challenges other aspects of the trial courts ruling. Blake contends the trial court (i) misstated the width of what is referred to as the Wallner easement, (ii) improperly allowed the Parkers to maintain various obstructions on the easements, (iii) incorrectly allowed the Parkers to install electronic gates across the Wallner easement, and (iv) erred in not awarding general damages. As discussed below, we conclude the trial courts description of the width of the Wallner easement is incorrect. Court also conclude the trial court erred in permitting the Parkers to maintain certain obstructions on the easements and in permitting the Parkers to install electronic gates with specific conditions. Court conclude, however, that Blake has waived the right to object to the trial courts denial of general damages. Accordingly, Court affirm in part, reverse in part and remand with directions.
Comments on Blake v. Parker