Hansen v. Sandridge Partners, L.P.

232 Cal. Rptr. 3d 247, 22 Cal. App. 5th 1020
CourtCalifornia Court of Appeal, 5th District
DecidedApril 6, 2018
DocketF073106
StatusPublished
Cited by25 cases

This text of 232 Cal. Rptr. 3d 247 (Hansen v. Sandridge Partners, L.P.) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hansen v. Sandridge Partners, L.P., 232 Cal. Rptr. 3d 247, 22 Cal. App. 5th 1020 (Cal. Ct. App. 2018).

Opinion

HILL, P.J.

*1024Respondent and cross-appellant Erik Hansen and several relatives (the "Hansens") own about 382 acres of farmland in Tulare County (APN 291-010-009; the "09 parcel"). Appellant and cross-respondent Sandridge Partners, L.P., (Sandridge) owns an adjacent parcel of about 250 acres (APN 291-010-005; the "05 parcel").1 This case centers around approximately 10 acres on the southwest part of Sandridge's 05 parcel. The parties refer to this roughly triangular-shaped area as the "Disputed Land."

Hansen Ranches, a partnership between Erik and several relatives, has farmed the 09 parcel for as long as Erik can remember. For 30 years, Erik participated in the farming of the 09 parcel, and now he manages the *1025day-to-day farming operations. When Erik began managing farming operations, there was already an irrigation ditch on the 09 parcel. The irrigation ditch generally runs along the border between the 09 and 05 parcels.2 *250Initially, the Hansens farmed mostly cotton, alfalfa, and wheat. The crops were planted on the entire 09 parcel and the Disputed Land. While a cotton crop was planted, there would be intermittent "activity" on the property for the entire year. However, "there could be weeks, maybe even months where no activity is seen." This absence of activity could occur after "ground prep" was finished, or while the Hansens were preparing to pre-irrigate, or while they were "waiting for rain or any of those kinds of things." However, the land would "have the appearance of being prepped for the planting." Specifically, it would "look like either cotton beds were in place with irrigation borders between checks and irrigation drainage ditch on the drainage side of the field."3 Farming cotton involved the use of tractors, cotton planters, cultivators, "scouting," and "lots of different operations."

Sometimes the Hansens would rotate alfalfa or wheat with the cotton. While alfalfa was planted on the property, it would be visible to onlookers. Farming alfalfa often involved the presence of equipment including swathers, bailers, tractors, road graders, and border makers.

The Hansens' farming practices were "[m]ore or less consistent" over the years.

In 2002, the Hansens planted pistachio trees on part of the 09 parcel, to the north of the Disputed Land. In 2010, there was an internal discussion about planting pistachio trees on the remainder of the 09 parcel. In 2011, the Hansen family ordered pistachios trees for that purpose.

In early to mid-2011, Erik told his father he had learned that the owner of the neighboring 05 parcel, Valov4 , was in talks to sell it to Sandridge. At that point, Erik's father "remembered that there was a lot line adjustment issue." Erik's father "explained that there was a discrepancy in the line in what we have been farming" and that "we need to talk to [the] Valovs and make sure *1026we straighten out the line before they close."5 Erik's father did not explain why Hansen Ranches was farming on property they did not own. Erik's "assumption is that's just the way it was done ... for the whole time."

Erik contacted Valov. Valov had a "vague recollection" of the lot line issue6 but did not discuss specifics. Erik "asked him what stage of the game his deal is, and that we need to straighten out any discrepancies in the lot line before they close." Valov said he thought they would be able to resolve the issue before closing. Valov and Erik made arrangements to speak again later. However, Valov eventually stopped returning Erik's calls.

At some point "prior to planting [the pistachio trees] and prior to putting a drip system in" Erik spoke with Larry Richie, an employee of Sandridge. The "outcome" of the conversation "was that we would take care of this [lot line issue] some way, if it didn't get handled prior to closing through Valovs."

*251In the spring of 2012, the Hansens took several steps to prepare 160 acres of land-including the Disputed Land-for pistachio trees, including deep ripping the land and installing a drip irrigation system.7 When the irrigation system was installed, Erik knew from his father "that a lot line adjustment needed to happen" but still claims he still did not know "the specifics" of the issue. Nonetheless, the Hansens planted the pistachio trees in June 2012.8 Erik did not receive any complaints from any neighbors concerning the installation of the irrigation system or the planting of the pistachio trees.

Valov's sale to Sandridge closed in December 2012.

Erik finally spoke with Valov again after the sale closed. Erik said he wished they could have fixed the lot line issue before the close of the sale. Valov apologized, said his father was dying and "that he thought it might have created a problem for dealing with his dad's estate."

Sandridge, the Hansens, and their representatives negotiated to potentially resolve the Disputed Land issue. Those negotiations were unsuccessful, and the present litigation commenced.

*1027The Hansens sued to quiet title to a "prescriptive easement for their continued use and occupation of the Subject Property." Under the prescriptive easement sought, Sandridge would have "no right to use or occupy any portion of the Subject Property." Sandridge cross-complained against the Hansens to quiet title and seek damages for conversion and trespass.

After a court trial, the superior court denied the Hansens' request for a prescriptive easement but instead granted the Hansens an "equitable interest ... of limited scope and duration ... with the following conditions:"

"1) Hanson [sic ] pay the full fair market value of the unimproved land to Defendant based on a valuation as of the date of trial. The Hirshfield9 court ordered payment of full fair market value even though the interest granted was of limited scope and duration.
"2) Hanson [sic ] may not add to the encroachment, though they may repair the irrigation and filtration system and replace trees that die in the first five years after the initial planting in June 2012[.]
"3) The interest will end should the Hansons [sic ] stop farming the Disputed Property for a period of one year or more, or sell the Disputed Property.
"4) The interest will terminate after the Pistachio trees currently planted are no longer a commercially viable crop. No testimony was offered by the parties on this issue so the court cannot set an exact duration of the easement."

DISCUSSION

I. The Hansens Are Not Entitled to an Equitable Easement

Appellants challenge the court's recognition of an equitable easement in favor of the Hansens.

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Cite This Page — Counsel Stack

Bluebook (online)
232 Cal. Rptr. 3d 247, 22 Cal. App. 5th 1020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hansen-v-sandridge-partners-lp-calctapp5d-2018.