Luevano v. Group One

779 P.2d 552 (1989)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P owns a tract of land on which the northern strip consists of a road running east and west. Group Five (D) owns land abutting the north side of the west portion of the road. Group One (D) owns three tracts of land to the east of P's tract, bounded on the north side by the east portion of the road. In 1953, Simms, P's predecessor in title, granted a right-of-way over the road to Group One (D), including William and Sophia Padilla (Padillas). This easement included the entire road and was not limited to only the east portion of the road abutting the properties owned by Group One (D). The easement extended beyond the Group One (D) properties. In 1987 P constructed a fence along the northern boundary of the road, blocking Group Five's (D) access to the rear of the homes belonging respectively to the members of that group. P filed a quiet title action seeking to extinguish the western portion of the road easement. Group Five (D) obtained an assignment of the right-of-way from the Padillas. The trial court held this assignment was valid, granted summary judgment to Group Five (D), and ordered P to remove the fence. P appealed.