Thurman v. Boss

(2010, Third Dist. #C058709, unpublished.) The Thurmans filed suit seeking to quiet title to their real property against Mr. Sargeant's client, Ms. Boss, challenging her claim to a prescriptive easement across their property to gain access to her property. She cross-complained to quiet title as to her easement and requested declaratory relief and a permanent injunction. The trial court found Boss had established a prescriptive easement across the Thurmans’ property. On appeal, the court found that there was no evidence of "secretive use" by Boss and her guests, as the Thurmans had argued. "In any event, if the Thurmans were in the dark as to the origins and destinations of the various travelers across their property, it was a darkness of their own creation, caused by their failure to inquire." Unlike an action for adverse possession, the prescriptive users were not required to publicly proclaim their entitlement to use the road. On this basis as well as others, Mr. Sargeant and his client prevailed.