McBride v. Smith

The southern border of 1664 Spring Street, St. Helena, adjoins the northern border of 1670 Spring; 1660 Spring, adjoins the eastern border of 1670 and part of 1664. An alley connecting to the public street runs east below the southern border of 1660 and 1670 Spring. In 1993 the owner of 1670 granted the owner of 1664 an easement running with the land over the 12-foot strip of land along the eastern border of 1670. The recorded grant specified use limited to emergency or secondary ingress and egress. In 1998, the Smiths purchased 1670. By 2004, McBride owned 1664, and Vickers owned 1660. Vickers granted McBride a “driveway easement” within the western border of 1660 Spring. In a 2014 lawsuit, McBride alleged that her property at 1664 and the Smith property at 1670 share a driveway; for the past nine years, McBride and/or her predecessors have used the driveway, which is at least partially covered by a recorded right of way, for full ingress and egress and for emergency purposes; and the Smiths “erected permanent fixtures in said driveway to impede [McBride] and block her access to her property.” The court of appeal reversed dismissal of McBride’s claims for nuisance and prescriptive easement. View "McBride v. Smith" on Justia Law