Kellogg v. Garcia

Opinion

KOLKEY, J.

Plaintiffs Theodore and Sylvia Kellogg (the Kelloggs) were gifted a landlocked parcel, which requires that they use a private road that crosses their neighbors’ properties in order to gain access to the property. Defendants Ronald and Judith Garcia (the Garcias) deny that the Kelloggs have a right to use the private road that traverses their property for purposes of such access. The Kelloggs sued to quiet title, claiming an implied or express easement over the Garcias’ and their other neighbors’ properties. Following trial, the trial court ruled in favor of the Garcias.

Under…