Murphy v. Burch

Opinion

BAXTER, J.

This is a quiet title action between owners of adjoining properties. In 1998, plaintiff purchased property having no vehicular access to or from any public road. Because her property is “landlocked,” she seeks to establish, without payment of consideration to defendants, an “easement by necessity” over an existing private road that crosses defendants’ property and connects to a public highway. Under California common law, such an easement requires examination of the circumstances of the original conveyance by the “common owner” that severed what is now defendants’ property…