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KAPNER v. MEADOWLARK RANCH ASSN.

No. B163525

11 Cal.Rptr.3d 138 (2004)

116 Cal.App.4th 1182

Sylvan L. KAPNER, as Trustee, etc., Plaintiff and Appellant, v. MEADOWLARK RANCH ASSOCIATION, Defendant and Respondent.

Court of Appeals of California, Second District, Division 6

March 17, 2004

Attorney(s) appearing for the Case

Gary R. Ricks and Brigham J. Ricks, Santa Barbara, for Plaintiff and Appellant.

Kay S. Kuns, Santa Ynez, for Defendant and Respondent.

OPINION ON REHEARING

GILBERT, P.J.

A property owner claims a prescriptive easement for improvements that he encloses on a parcel held in common with other owners. Such a claim is in the nature of adverse possession. Here we hold, among other things, that adverse possession may not masquerade as a prescriptive easement.

We affirm the trial court's order requiring the property owner to sign an encroachment...

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