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Van Klompenburg v. Berghold

ELR Citation: 35 ELR 20024
Nos. No. C045417, (Cal. App. 3d Dist., 01/31/2005)

A California appellate court affirmed a lower court decision enjoining defendant property owners from maintaining gates across a private roadway easement owned by plaintiff property owners. The lower court did not err in failing to consider whether the gates unreasonably interfered with the plaintiffs' use of the easement. The indenture conveying the easement expressly stipulates that the roadway is to be "kept open" and "wholly unobstructed." And there is no question that under the circumstances of this case, a locked or closed gate constitutes an obstruction in that it delays, impedes, and hinders the plaintiffs' use and enjoyment of their easement.