New unpublished case...
Posted: Wed Mar 30, 2016 5:42 am
Sharma vTyannikov
http://www.courts.ca.gov/opinions/nonpub/C078238.PDF
Tyannikov's fence is encroaching on Sharma. Sharma brought suit "for trespass, assault, and declaratory relief to establish their rights to the disputed property." The Tyannikov's claimed the fence is an agreed boundary and laches. The Sharma's prevailed.
Tyannikov appealed. The Appellate Court affirmed (not a surprising result).
It is a 1980 subdivision with centerline control in West Sacramento. The fence obviously is not parallel to the other side fences on that street (the other fenced lots look rectangular in the aerial). The main thing of interest is the Court's discussion of laches.
http://www.courts.ca.gov/opinions/nonpub/C078238.PDF
Tyannikov's fence is encroaching on Sharma. Sharma brought suit "for trespass, assault, and declaratory relief to establish their rights to the disputed property." The Tyannikov's claimed the fence is an agreed boundary and laches. The Sharma's prevailed.
Tyannikov appealed. The Appellate Court affirmed (not a surprising result).
It is a 1980 subdivision with centerline control in West Sacramento. The fence obviously is not parallel to the other side fences on that street (the other fenced lots look rectangular in the aerial). The main thing of interest is the Court's discussion of laches.