Amerco, Inc. v. Tullar

Decree in this quiet title action determines that plaintiff owns a right of way over defendants’ property, enjoins interference with plaintiff’s use of this easement, and awards damages to plaintiff. Defendants appeal.

One Chamberlain owned land on the east side of the Los Gatos-Santa Cruz highway. His holdings included the parcels now owned by the parties to this action. In 1950, Chamberlain built a service station on the parcel now owned by plaintiff. The blacktop surfacing for the service station extended over a triangular piece at the front of the property adjoining the station on the…