Legal Opinion

McLear-Gary v. Scott

California Court of Appeal, 5th District

Decided July 11, 2018No. A146719PublishedCited by 2 opinions

1Opinion of the CourtJenkins, J.

*148Deborah McLear-Gary appeals from a judgment declaring her prescriptive and implied easement extinguished by adverse possession. She contends the trial court erred in finding that defendants Emrys Scott, Freyja Scott and Sophia Scott (the Scotts) established an essential element of adverse possession-the "timely" payment of taxes during the five-year statutory period. (See *447Code Civ. Proc., § 325, subd. (b).)1 We agree with McLear-Gary that the Scotts' lump sum payment of several years' worth of delinquent property taxes did not constitute "timely" payment of taxes for *149purposes of section 325,…

2Cases cited19 opinions

  1. Denham v. Superior CourtCalifornia Supreme Court · 1970
  2. Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc.California Court of Appeal · 2005
  3. Pineda v. Bank of America, N.A.California Supreme Court · 2010
  4. In Re Marriage of FonsteinCalifornia Supreme Court · 1976
  5. Morey v. VannucciCalifornia Court of Appeal · 1998

14 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Husain v. California Pacific BankCalifornia Court of Appeal · 2021
  2. In re A.T.California Court of Appeal · 2021

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API