A property owner’s parcel of real estate was encumbered by an expired easement, the use of which was enjoyed by a neighboring property owner. The neighboring property owner continued to use the easement for ingress and egress for more than five years after it expired and claimed to hold a prescriptive easement. The owner of the property encumbered by the easement sought to quiet title and recorded a lis pendens describing the neighboring property which clouded its owner’s title. The neighboring property owner sought to vacate (expunge) the lis pendens and clear his title, claiming the recording of the lis pendens describing property not encumbered by the easement was improper since the disputed easement did not affect the title or possession of the property. The owner of the property encumbered by the easement claimed the lis pendens on the neighbor’s property with the right to use the easement was proper since the neighboring property owner enjoyed the easement as an appurtenant right relating to the possession of the neighbor’s property. A California court of appeals held a lis pendens recorded by the owner of property encumbered by an easement, describing the property entitled to the use of the easement for ingress and egress, is proper since the neighboring property owner’s claim to a right to an easement is an appurtenant right attached to the ownership of the neighbor’s property. [Park 100 Investment Group II v. Ryan et al (2009) 180 CA4th 795]
