Does the act of building a stone wall across the path of an alleged roadway easement compel a finding that the easement was abandoned?
California, United States of America
The following excerpt is from Zimmer v. Dykstra, 114 Cal.Rptr. 380, 39 Cal.App.3d 422 (Cal. App. 1974):
7 In McCarty v. Walton, 212 Cal.App.2d 39 27 Cal.Rptr. 792, the court held the act of parties claiming an easement, in building a stone wall across the path of the alleged roadway easement, did not compel a finding that the easement was abandoned, where a gate was left in the wall.
8 Civil Code, section 841.4
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