# 1270024, Peter Cargasacchi et al. v. Ariel Lavie et al. Filed 6/4/08

Plaintiff's Attorney: E. Patrick Morris

Verdict: Easements upheld for Plaintiffs                  Court Trial, SM4

Plaintiffs and Defendants, rural neighbors in the Santa Rita Hills, Lakeview Estates area, sued each other over conflicting claims regarding easements on their respective properties.  Plaintiffs claimed an easement over Defendant's property according to record of survey maps, and alleged Defendants did not comply with the easements granted them over Plaintiffs’ ranch by virtue of their failure to close gates on Plaintiff's property.   Defendants claimed that Plaintiffs did not have an easement over Defendants’ property because it is fenced in, that any easement was extinguished by Defendants’ prescriptive actions, and that Plaintiffs had no standing to bring suit.  Defendants alleged that they have not closed the gates on Plaintiffs’ land for the prescriptive period and thus have acquired a prescriptive right to travel over Plaintiff's ranch and to not close the gates.  Additionally, Defendants asserted a 30-foot roadway was encroached by Plaintiffs allowing the area to be farmed and sprayed with pesticides causing damage. Court ruled Plaintiffs had standing to enforce Memorandum Of Agreement conditions, that Defendants did not show extinguishment or open and notorious taking for prescriptive rights, and no trespass or damages by Plaintiffs on Defendants’ easement and/or properties.

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