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GRANT v. RATLIFF

No. B194368.

164 Cal.App.4th 1304 (2008)

DANIEL GRANT et al., Plaintiffs and Appellants, v. C. WAYNE RATLIFF, Defendant and Respondent.

Court of Appeals of California, Second District, Division Six.

July 16, 2008.

Attorney(s) appearing for the Case

Andre, Morris & Buttery, Kathryn M. Eppright; and Diane M. Matsinger for Plaintiffs and Appellants.

Tardiff Law Offices, Neil S. Tardiff; Farmer & Ready and Paul F. Ready for Defendant and Respondent.

OPINION

GILBERT, P.J.

Plaintiffs sought to establish an easement by prescription over defendant's land. The trial court found for defendant. Plaintiffs appeal contending the trial court failed to apply a presumption that the open, notorious and continuous use of defendant's land was adverse. We conclude there is no such presumption here and affirm.

FACTS

George Leage and his wife, Claire, owned 33 acres of land in Morro Bay...

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