[Download] "Estate of Viannia I. Chesney v. Harris" by District Court of Appeal of California # eBook PDF Kindle ePub Free

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eBook details

• Title: Estate of Viannia I. Chesney v. Harris
• Author : District Court of Appeal of California
• Release Date : January 07, 1951
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

This is a disputed boundary case. The land involved is located in a mountainous area of Santa Clara County. The plaintiffs admittedly own the northwest quarter of the northeast quarter of Section 31, Township 7 South, Range 2 West, M. D. B. & M. The defendants admittedly own the northeast quarter of the northwest quarter of the same section. These two parcels adjoin each other, so that the westerly line of the plaintiffs parcel is the easterly line of the defendants parcel. Defendants claim that the questioned boundary runs north and south through a certain sycamore tree, while plaintiffs claim that it runs from and through a certain 2-inch pipe and old hub. The area in dispute between the old hub and the sycamore tree is 575 feet wide. Plaintiffs brought this action to quiet their title to their parcel, including the disputed strip, which runs the length of their west boundary. Defendants denied the material allegations of the complaint, pleaded adverse possession, and cross-complained for an adjudication of their rights in the property. The trial court determined that the proper boundary ran through the sycamore tree, and established that line as the true boundary between the parties. The court found that for more than 20 years prior to the commencement of this action the true dividing boundary between the two parcels was unknown to the respective parties; that the true boundary runs through the sycamore tree; that the respective owners agreed that the boundary should run through the sycamore tree; that since such agreement was entered into more than 20 years ago the defendants and their predecessors in interest have occupied all of the disputed area west of the sycamore tree line and have constructed buildings thereon and have exercised complete and exclusive use, possession and enjoyment of the disputed area; that they have, in addition, paid all taxes thereon and have had actual, notorious, exclusive, peaceable and uninterrupted adverse possession of the area west of the sycamore tree line; that for more than 20 years prior to the commencement of this action plaintiffs have not been seized or possessed of the disputed area. Based on these findings the trial court entered its judgment determining that defendants are the owners of the strip in dispute. Plaintiffs appeal.

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