Berry v. Sbragia

Opinion

TAYLOR, P. J.

This is an appeal by Phillip and Gail Berry (Berrys), from a judgment denying relief on their complaint and quieting title on the cross-complaint of John Paul and Geraldine Sbragia (Sbragias), their neighbors, to a fence, on the theory of a prescriptive easement. We have concluded that the judgment must be reversed.

The basic facts are not in dispute. The Berrys and Sbragias own adjacent parcels of real property in Lafayette. When the Sbragias acquired their lot in 1964, the subdivider informed them that their rear property line approximated an existing wire fence;…