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Tract Development Services, Inc. v. Kepler
California Court of Appeal
199 Cal. App. 3d 1374 (1988)
John and Leona Kepler (defendants) purchased property in the Temescal Gardens Subdivision (the subdivision). The Keplers’ property included the western half of a right-of-way known as Diplomat Avenue. Each owner in the subdivision had the right to use every other owner’s property to travel both within and through the subdivision. Tract Development Services, Inc. (Tract Development) (plaintiff) later purchased land in the subdivision, which included the eastern half of Diplomat Avenue. The Keplers’ property and Tract Development’s property were once owned by A. J. Davis, who later conveyed it to Elvin and Ruth Downs. The Downs maintained a gated fence across Diplomat Avenue. The fence was presumably meant to block other subdivision owners from accessing the western half of Diplomat Avenue, but there was no indication that the gate was locked. After Tract Development acquired its property, the Keplers similarly erected a fence down the middle of Diplomat Avenue. Tract Development subsequently brought suit against the Keplers. The trial court found that Tract Development was entitled to an easement over the western half of Diplomat Avenue. The Keplers appealed.
Rule of Law
Holding and Reasoning (McDaniel, J.)
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