# CV 090246, Fred Campbell et al. v. Susan Veley et al., filed 4/29/09

Plaintiff’s Attorney: Ann B. Wilson

Verdict: Prescriptive Easement for Plaintiff               Court Trial Dept. 9

Plaintiffs brought suit for prescriptive easement, trespass, and interference over use of approximately one quarter mile of dirt road known as Campbell Lane in the Los Osos area that crossed a creek and ran along a boundary shared by the parties. Defendant, after purchasing her property in 2006, noticed irritating traffic patterns (cars, pickup trucks, horse trailers and other vehicles to move cattle) along the road and installed a gate preventing access to Plaintiffs and lessees. Plaintiffs, who had owned their properties since 1976, had leased portions of the property beginning in the early to mid-1990’s to cell phone companies who installed cell towers. Both Plaintiffs and Defendant made claims relating to the cutting of trees on the other’s property.  During the pendency of the case, the Court issued a preliminary injunction requiring Defendant provide key access to Plaintiffs and their lessees. Court found for Plaintiffs, ruling that Defendant was on actual and constructive notice of the easement and granting a prescriptive easement for continued access.  Court ordered Plaintiffs to annually designate no more than 3 cell phone companies access the easement, while Defendant is able to contract with as many cell phone companies as desired in order to control traffic across her property. Defendant will be allowed to maintain a solar-powered gate on the condition that reasonable access to Plaintiffs and their lessees. The Court found against Plaintiff as to the cutting of a pecan tree done by Defendant’s ex-husband and not Defendant. Also, Court denied any relief to Defendant for claims that Plaintiff cut willow trees on Defendant’s property. The Court maintained jurisdiction for future intervention if necessary.

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