McLear-Gary v. ScottAnnotate this Case
The owner of Greenfield Ranch in Mendocino County subdivided the property into 25 parcels with a minimum acreage of 160 acres each. One of those parcels was divided by a 1975 partition judgment into three parcels. McLear-Gary owns the westernmost parcel (1-A). The Scotts own the easternmost parcel (1-C). The Brandon-Scotts own the center parcel (1-B). McLear-Gary claims an easement along a skid trail that passes through parcel 1-C, terminates at a creek and continues on a footpath over parcel 1-B to her parcel 1-A. In 2006, Scott replaced an old wooden gate with a metal gate across the easement route and kept it locked, blocking McLear-Gary from accessing the easement. McLearGary sued to quiet title. The Scotts had timely paid taxes on parcel 1-C; the taxes levied against parcel 1-B for the years 2005-2008 were not paid on time and remained delinquent until Scott made a lump sum payment in 2011. The court of appeal held that the covenants did not grant McLear-Gary an express easement and that McLear-Gary had not established a prescriptive easement for vehicular use. Scotts’ lump sum payment of several years’ worth of delinquent taxes did not constitute “timely” payment of taxes under Code of Civil Procedure section 325(b), so the Scotts did not extinguish her easement by adverse possession.