Use Of Property Easement Limited To Its Historic Use.

The same piece of property is the subject of both a lease and an easement. Plaintiffs own the property and defendants park their garbage trucks and place their storage bins on the property. The trial court ruled that, assuming the 22-year-old lease was valid, it had been abandoned because defendant “clearly disregarded the lease as soon as it was signed.” With regard to the easement, the trial court limited defendant “to the historic use of the paved area and 10 feet beyond the paved area,” and issued an injunction barring defendant from expanding its use beyond that area. Noting that in the 22 years since the lease was signed, defendant paid no taxes on the property as required by the terms of the lease, the trial court’s judgment was affirmed. (Rye v. Tahoe Truckee Sierra Disposal Company, Inc. (Cal. App. Third; December 16, 2013) 222 Cal.App.4th 84.