Rancho Carlton Properties, LLC v. Radnor CA2/5
Plaintiff, cross-defendant, and appellant Rancho Carlton Properties, LLC, appeals from a portion of a judgment entered in favor of defendant, cross-complainant, and respondent Josh Radnor, as trustee of The Josh Radnor Trust, in this quiet title action. An express written easement allows Radnor to maintain certain improvements on Rancho Carlton’s property. On appeal, Rancho Carlton contends the trial court misinterpreted the scope of the easement and compounded the error by improperly imposing an equitable easement contrary to the terms of the deed.
We conclude the grant deed for Radnor’s property provides an easement over Rancho Carlton’s property for specific physical improvements, namely, a barbecue, a walkway, and a retaining wall. The deed conveys an exclusive right to use the area where the improvements are located as a necessary incident of the easement.
Comments on Rancho Carlton Properties, LLC v. Radnor CA2/5