AI Generated Opinion Summaries

Decision Information

Decision Content

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

  • The case involves a dispute over an easement by prescription claimed by the Plaintiffs, who own or occupy properties along Camino Luis in Glorieta, New Mexico. The Defendant installed locked gates across Camino Luis, prompting the Plaintiffs to file a complaint for declaratory and injunctive relief, asserting a right to an express easement, an easement by prescription, or an implied easement by necessity for ingress and egress to their properties across the Defendant's land (paras 2-3).

Procedural History

  • District Court of Santa Fe County, Francis J. Mathew, District Judge: Granted Plaintiffs' motion for summary judgment, concluding they held an easement by prescription over the portion of Camino Luis crossing Defendant's property (para 5).

Parties' Submissions

  • Plaintiffs: Argued they have a right to an express easement and an easement by prescription along Camino Luis where it crosses Defendant's property, based on historical and continuous use, and sought a permanent injunction against the Defendant blocking access (paras 3-4).
  • Defendant: Contended that Plaintiffs' use of Camino Luis was not continuous for ten years and was not adverse, suggesting that any use was with permission, thus challenging the claim of an easement by prescription (paras 12, 13-15).

Legal Issues

  • Whether Plaintiffs have established a right to an easement by prescription over Defendant's property for ingress and egress to their properties (para 10).
  • Whether there exists an express easement appurtenant for ingress and egress across Defendant's property as shown on a Plat of Survey recorded on August 6, 1980 (para 19).

Disposition

  • The Court of Appeals reversed the district court's entry of summary judgment in favor of the Plaintiffs and remanded the case for further proceedings (para 23).

Reasons

  • The Court of Appeals, per J. Miles Hanisee, with Michael D. Bustamante and Timothy L. Garcia concurring, found that genuine disputes of material fact existed regarding the continuous and adverse use of Camino Luis by the Plaintiffs, which are necessary elements to establish an easement by prescription. The Defendant's affidavit created a genuine issue as to whether Plaintiffs' use of Camino Luis was adverse, as it suggested that any use was with permission. The Court also noted that the district court should not have granted summary judgment based on the existence of an express easement as shown on a Plat of Survey, as it does not by itself establish an express easement agreement. The Court emphasized that summary judgment is disfavored when genuine issues of material fact exist, advocating for a trial on the merits to resolve these disputes (paras 7-22).
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.