Legal Opinion

Smith v. Brovan

California Court of Appeal

Decided September 18, 1979No. Civ. 16163PublishedCited by 6 opinions

1Opinion of the Court

Opinion

EVANS, J.

The nature, scope, and applicability of the good faith improver statute (Code Civ. Proc., § 871.1 et seq.) is the fundamental issue presented upon this appeal.

The factual circumstances which gave rise to the present controversy began in 1959. At that time defendants and cross-complainants (hereafter Brovans) purchased approximately 75 acres of land in Shasta County. The deed by which they acquired title to the land described certain appurtenant rights consisting of unlined earth water ditches and water rights flowing in the ditches, all situate on neighboring land belonging to…

2Cases cited9 opinions

  1. Slater v. BlackwoodCalifornia Supreme Court · 1975
  2. San Pedro, Los Angeles & Salt Lake Railroad v. City of Los AngelesCalifornia Supreme Court · 1919
  3. Greenfield v. MatherCalifornia Supreme Court · 1948
  4. Day v. SharpCalifornia Court of Appeal · 1975
  5. Parker v. Superior CourtCalifornia Court of Appeal · 1970

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3Cited by6 opinions

  1. Hastings v. MatlockCalifornia Court of Appeal · 1985
  2. Radio Distributing Co. v. National Bank & Trust Co. of South BendIndiana Court of Appeals · 1986
  3. Frances Ackerman v. Martin S. AckermanCourt of Appeals for the Second Circuit · 1982
  4. Macy v. City of FontanaCalifornia Court of Appeal · 2016
  5. Macy v. City of FontanaCalifornia Court of Appeal · 2016

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