-2
This is a dispute between neighbors over the continued existence of an easement and the attempted construction of a new fence in that easement area.
Plaintiffs David and Sonja Marcus (“Plaintiffs”) own a house located at 22210 Quinterno Court in Cupertino. Plaintiffs allege that they originally purchased the property in 1986 and that they were aware when they did so “that the original owner of the subdivision who lived in the house behind Plaintiffs’ Property reserved an easement extending 20 feet onto Plaintiffs’ Property for ‘Yard Purposes.’ A fence was constructed along the 20 foot strip and there was shared fencing along the public street. A copy of the deed reserving the 20-foot strip is attached herein as Exhibit ‘A’.’ (Complaint at ¶5.) Plaintiffs further allege that when Defendants Carl & Diana Farsai (“Defendants”) bought the house behind them (10106 Carmen Road, Cupertino) in 2004 “the deed transferring the Defendants’ property expressly excluded the easement area descri
Hearing Date
November 14, 2019
For full print and download access, please subscribe at https://www.trellis.law/.
-2
This is a dispute between neighbors over the continued existence of an easement and the attempted construction of a new fence in that easement area.
Plaintiffs David and Sonja Marcus (“Plaintiffs”) own a house located at 22210 Quinterno Court in Cupertino. Plaintiffs allege that they originally purchased the property in 1986 and that they were aware when they did so “that the original owner of the subdivision who lived in the house behind Plaintiffs’ Property reserved an easement extending 20 feet onto Plaintiffs’ Property for ‘Yard Purposes.’ A fence was constructed along the 20 foot strip and there was shared fencing along the public street. A copy of the deed reserving the 20-foot strip is attached herein as Exhibit ‘A’.’ (Complaint at ¶5.) Plaintiffs further allege that when Defendants Carl & Diana Farsai (“Defendants”) bought the house behind them (10106 Carmen Road, Cupertino) in 2004 “the deed transferring the Defendants’ property expressly excluded the easement area descri