Hill v. Allan

In Hill v. Allan (1968) 259 Cal.App.2d 470, users of the dominant tenement obtained a prescriptive easement for access over land between it and a public highway. In 1912, at the beginning of the first period of prescriptive use, the sole owner of the dominant tenement used the access road for agricultural purposes. Over successive prescriptive periods, use of the dominant tenement evolved from agricultural to residential, and subdivision for the latter use "was reasonably to be anticipated" given land use changes in that part of California and the rental of homes on the servient tenement. (Hill, supra, 259 Cal.App.2d at pp. 485-486.) Subdivision and sale of the dominant tenement occurred, the owners of the servient tenement insisted the access road could only be used by one residence (not the 24 contemplated), and the new owners of the dominant tenement sued to establish their rights to use the road for multiple residences. (Id. at pp. 483, 485-486.) The Court of Appeal affirmed the trial court's determination that enlarged use of the easement road for the 24 contemplated residences was foreseeable, and also concluded substantial evidence supported the trial court's finding this foreseeable use would not overburden the servient land. (Id. at pp. 487-488.)