Raab v. Casper

California Court of Appeal · Property

Propertygood faith improverencroachmentadverse possessionprescriptive easementCode Civ. Proc. 871.1-871.5good faith improvernegligence

Facts

The parties owned adjoining parcels derived from a common grantor, and their common boundary had never been surveyed or marked until plaintiffs obtained a survey in 1972. Defendants built a cabin entirely on plaintiffs' land near the north end of the boundary; plaintiffs warned defendants in September 1970 that they believed the cabin was on plaintiffs' property, but defendants completed construction without a survey. The trial court found defendants acted in good faith and realigned the boundary to give defendants the cabin site, awarding plaintiffs compensation, partial survey costs, attorney's fees, and rent. As to the southern area, the trial court found defendants had long used part of plaintiffs' land for a driveway, utility lines, yard, and landscaping and awarded defendants an easement covering those uses.

Issue

Whether the trial court properly granted good-faith-improver relief for the cabin without findings addressing defendants' negligence and after defendants continued building despite plaintiffs' warning, and whether the court properly awarded an easement for the southern yard and landscaping without proof sufficient for adverse possession. The court also considered whether the relief adequately protected plaintiffs' access easement and survey expenses as required by substantial justice.

Rule

Under Code of Civil Procedure sections 871.1-871.5, a good-faith improver must prove entitlement to relief, and the court must take the improver's degree of negligence into account both in determining good faith and in shaping relief consistent with substantial justice. Continuation or augmentation of an improvement after warning of possible trespass is a legally significant factor that the court must consider. If a claimed 'easement' would effectively give the claimant unlimited and exclusive domestic use of land, the claimant must prove adverse possession, including exclusive possession and payment of taxes, rather than mere prescriptive use.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In rural Oregon, Elena Mora built a detached workshop that turned out to extend onto Nolan Pierce's parcel. The trial court found Elena honestly believed the land was hers and had not acted maliciously, then ordered Nolan to convey the occupied strip for compensation, but the court made no findings about Elena's care in locating the boundary.

If Nolan appeals, what is the strongest argument for reversal?

Explanation. The majority held that under the good-faith-improver statutes, the improver's degree of negligence must be considered both in deciding good faith and in shaping relief. A finding limited to honesty or lack of malice is insufficient. Omitting findings on negligence is a material defect requiring reversal. (Derived from Raab v. Casper (n.d.).)