Warsaw v. Chicago Metallic Ceilings

Warsaw v. Chicago Metallic Ceilings (1984) 35 Cal.3d 564, addressed numerous issues related to a prescriptive easement, including whether "there was . . . substantial evidence that plaintiffs' use of the property was hostile rather than permissive." (Id. at p. 571.) The evidence at trial showed that, for many years, trucks and other vehicles servicing plaintiffs' facility had used a portion of defendant's property without interference to enter, turn, park and leave the area of plaintiffs' loading dock. The Court rejected defendant's assertion that such evidence was insufficient to support a finding of hostile use. Without any discussion or reference to O'Banion v. Borba (1948) 32 Cal.2d 145, the Court explained: "The issue as to which party has the burden of proving adverse or permissive use has been the subject of much debate. However, we agree with the view, supported by numerous authorities, that continuous use of an easement over a long period of time without the landowner's interference is presumptive evidence of its existence and in the absence of evidence of mere permissive use it will be sufficient to sustain a judgment. . . . Whether the use is hostile or is merely a matter of neighborly accommodation . . . is a question of fact to be determined in light of the surrounding circumstances and the relationship between the parties." (Id. at pp. 571-572.)