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Felgenhauer v. Soni

ELR Citation: 34 ELR 20067
Nos. No. B157490, (Cal. Ct. App., 08/05/2004)

A California appellate court affirmed a jury finding that established a prescriptive easement for a restaurant to cross its neighbor's property in order to make deliveries. To establish a claim of right to a prescriptive easement, the claimant need not believe he or she is legally entitled to use of the easement. Claim of right does not require a belief or claim that the use is legally justified. It simply means that the property was used without permission of the owner of the land. The court also affirmed the lower court finding that the landowners were liable for nuisance. The restaurant failed to stop wastewater from seeping onto the neighbor's property even though it had knowledge of the condition and sufficient control over the premises to obviate it.