Lichty v. Sickels

Opinion

COLOGNE, Acting P, J.

0On October 1, 1982, the trial court entered a judgment in favor of defendant Christopher D. Sickels after Sickels’ motion for summary judgment (Code Civ. Proc., 1 § 437c) had been sustained on the basis that plaintiff Max Lichty’s action for an easement by necessity was barred by the statute of limitations. The sole issue in this appeal is whether the statute of limitations embodied in section 318 applies to an action for an easement by necessity.

Section 318 provides: “Seizin within five years, when necessary in action for real property. No action for the recovery…