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

California Court of Appeal
72 Cal. App. 3d 693, 140 Cal. Rptr. 367 (1977)


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


Holding and Reasoning (Fleming, J.)

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