Quimbee logo
DMCA.com Protection Status
From our private database of 16,500+ case briefs...

MacDonald Properties, Inc. v. Bel-Air Country Club

California Court of Appeal
140 Cal. Rptr. 367 (1977)


Facts

In 1936, Bel-Air Country Club (Bel-Air) (defendant) owned and operated a golf course. Hilda Weber owned property that abutted the golf course. Weber had constructed a large home on her property, but she was not satisfied with the entrance to the property. Weber and Bel-Air reached a mutually beneficial agreement. Weber obtained a small tract of land from Bel-Air to construct a new entrance. Bel-Air received an easement to construct a tunnel between two holes on the golf course. Additionally, Weber agreed to certain building restrictions on the small tract of land, which served as rough for one of the fairways on the golf course. Balls hit from the golf course fell onto the small tract multiple times per day. In 1950, Hilton (plaintiff) purchased Weber’s property. In 1963, MacDonald Properties, Inc. (MacDonald) purchased a remainder interest in the property. Bel-Air continued to use the small tract as rough for its greenway following these transfers. In 1974, Hilton and MacDonald sued, seeking a declaratory judgment that Bel-Air did not have an easement on the small tract to be used as rough. The trial court determined that Bel-Air had obtained an easement by prescription in the small tract. Hilton and MacDonald appealed.

Rule of Law

Issue

Holding and Reasoning (Fleming, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 409,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,500 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers


Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial