Vieira Enterprises, Inc. v. McCoy

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In 1996, Vieira acquired a Capitola mobile home park. According to the deed, part of the western boundary was the center line of Rosedale Avenue, a 40-foot-wide private road. The apparent boundary was different because part of Rosedale Avenue had been fenced in to the west, with a gate crossing at the park’s northern boundary. In 2009, Vieira’s neighbor, McCoy, wanted to begin construction that involved removal of the fences and gate and regular use of his right of way on Vieira’s property. Vieira sought to quiet title on the basis that Vieira’s adverse possession had terminated McCoy’s recorded right of way and alleged that McCoy had trespassed on Vieira’s right of way. McCoy filed cross claims. The court determined that Vieira had not carried its burden of establishing the elements of adverse possession, principally occupation sufficiently hostile to provide notice to McCoy; that structures built by McCoy on Vieira’s right of way do not unreasonably interfere with Vieira’s right of way and that a mobile home extension built on McCoy’s right of way does not unreasonably interfere with his right of way. A jury awarded McCoy $20,000 after finding that blockading of the road involved trespass. The court of appeals affirmed. Vieira correctly argued that the burden of proof of a prescriptive easement (or termination) is not clear and convincing evidence; that adverse possession of an easement can originate with the possessor’s mistake; and that the court did not instruct the jury about damages for annoyance and discomfort, but the errors did not require reversal. View "Vieira Enterprises, Inc. v. McCoy" on Justia Law