CV 098387, Keith Martin et al. v. Alexandra VanBergen, filed 10/22/09

Plaintiff’s Attorney: Roy E. Ogden

Verdict: Quiet Title Relief for Plaintiffs          Court Trial, Dept 2, Hon. Martin J. Tangeman

Plaintiffs owned approximately 240 acres on Chimney Rock Road in Paso Robles where they had a residence and vineyard.  A 1,300-foot-long common boundary was shared with Defendant’s property, which included a residence and an almond orchard.  Plaintiffs alleged that a fence installed approximately sixty years ago, when Defendant’s almond orchard was planted, encroached upon their property.  Plaintiffs sued for quiet title to the disputed boundary line based on evidence of three survey reports conducted in 2005 by separate companies, in which two consistent reports supported Plaintiff’s claims regarding the boundary location.  Defendant cross-complained for quiet title, trespass and interference with easement based on the agreed boundary doctrine.  Court found insufficient evidence of longstanding acquiescence, which must exceed 60 years, to support the doctrine of agreed boundary line, and established the boundary based on the two consistent surveys performed in 2005.  Plaintiffs requested costs totaling $2,863.90.

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