Yick v. Larson
This is a dispute between the owners of adjacent waterfront parcels on an inlet of Lake Tulloch in Calaveras County. The parcels in question extend out into the inlet, such that a portion of each parcel is under water. For years, a dock owned and used by plaintiff Randal W. Yick was positioned over a portion of the parcel owned by defendant Susan Larson. Plaintiff brought this action to quiet title to that portion of defendants parcel, claiming adverse possession as well as a prescriptive and an implied easement. Following a bench trial, the trial court entered judgment rejecting plaintiffs adverse possession and prescriptive easement claims but granting an implied easement. However, the court restricted the implied easement to an area less expansive than that sought by plaintiff. The court also rejected plaintiffs request for an injunction to restrict defendants use of her own dock, which plaintiff claimed interfered with the use of his dock. Plaintiff appeals from the judgment, contending the trial court erred in restricting the implied easement, denying a prescriptive easement, and denying an injunction. Court conclude the judgment is supported by substantial evidence and affirm.
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