Rees v. Drinning

In Rees v. Drinning (1944) 64 Cal.App.2d 273, plaintiff and defendant owned adjoining houses with a driveway, between them and partly on each lot, which had been built by a previous owner of both properties. In a court trial an implied easement was recognized, the court finding that the driveway "' . . . is the only means of access by automobile to the rear of said lots, and to the garage built on the lot now owned and occupied by the plaintiffs . . . and is necessary to the convenient use and occupation of plaintiffs' property for residence purposes.'" ( Id. at pp. 274-275.) On appeal the defendants in that case contended inter alia that there was no evidence of a reasonable necessity for a driveway on defendants' land. In discussing and disposing of this issue, the Rees court said: "Appellants argue that the easement in controversy had not been so long continued and so obvious as to show that it was intended to be permanent, and, also, that it was not necessary to the enjoyment of plaintiffs' property because they have room enough -- 92 inches -- for a driveway solely on their own property; but the court said in Fischer v. Hendler, supra, that 'reasonably necessary to the beneficial enjoyment' of the property conveyed means no more than 'for the benefit thereof,' and that plaintiffs were not required to show that the easement as it existed was the only possible way of access to their garage. And as to length of the continuance of the use to give rise to an easement, that must necessarily be a relative term. Here the driveway was laid out when the Rees house was built and was used until the property was sold. It was therefore used for the maximum period possible under the circumstances; and the trial court was justified in finding from the evidence before it that the use was sufficiently long continued and the driveway sufficiently obvious and necessary for the enjoyment of plaintiffs' property to create the easement."