No Prescriptive Easement Created When There Was An Existing Permissive Easement.

Plaintiff sought to establish a permissive easement over two access roads on undeveloped land against two defendants, one of whom had authorized use of the roads. The trial court granted judgment in favor of both defendants, holding plaintiff’s use of the land was expressly authorized by a prior permissive easement, so no prescriptive easement was created. On appeal, plaintiff contended the permission was granted by only one of the defendants, and that defendant did not have authority to grant an easement for the remaining defendant. The appellate court affirmed the judgment, stating plaintiff was equitably estopped from questioning the grantor’s authority to grant an easement over the other defendant’s property. Windsor Pacific LLC v. Samwood Co.  (Cal. App. Second Dist., Div. 3; January 30, 2013) 213 Cal.App.4th 263.