A California appeals court has confirmed the trial verdict, ordering a couple to rip out hardscaping and restore land they modified without permission on a golf club easement owned by billionaire Ty Warner.
| Metric | Value |
|---|---|
| Landscaping cost to defendants | $300K |
| Year easement was recorded | 1977 |
| Losses in court by defendants | 2x |
The Montecito Country Club easement dispute has now run through two levels of California courts, and the result is the same both times: the club wins, the neighbors pay.
In March 2026, a California appeals court sided with Montecito Country Club and upheld the 2024 trial ruling by Santa Barbara Superior Court Judge Donna Geck. The order stands: Kevin and Jeannette Root must remove all landscaping and hardscaping they installed on the club’s legally protected easement and restore the land to its original condition, at their own expense.
How This Started
The roots of this dispute go back to 1977, when Montecito Country Club sold a residential parcel adjacent to its golf course and retained an easement over a strip of the property. That written agreement gave the club the legal right to use the area for cart path and greenskeeper purposes.
Kevin and Jeannette Root purchased the property at 1059 Summit Road in 2015 or 2016, according to court documents. The southern side of their parcel bordered the 13th and 14th holes of the club’s course, separated by an old oleander hedge and a chain-link fence. The easement ran along that southern edge.
By 2015, the club had rerouted its cart path during broader renovations and replaced the path area with native vegetation. From the Roots’ perspective, the easement looked dormant. They approached the club in 2017 about buying out and terminating it. The club’s answer, representing owner Ty Warner, was a firm no.
“By adding landscaping features on the easement, the defendants prevented Montecito Country Club from using the property for any future cart path or greenskeeper purposes.”
Leila Noël, Partner, Cappello & Noël LLP — counsel for Montecito Country Club
What the Roots Did, and Why It Backfired
In 2020, during COVID when club staff levels were reduced, the Roots acted. They removed the existing oleander hedge, relocated a new one to what they believed was their property line, built a 4-foot retaining wall, and regraded the land. The full project cost them roughly $300,000.
There was a disputed conversation at the center of this. A club employee said he told the Roots they could replace the hedge but it had to stay in the same spot. Kevin Root and their contractor said the employee confirmed they could move the hedge to the property line. That factual conflict went to trial, and the court sided with the club’s version of events.
Key Legal Points from the Case
- A recorded easement from 1977 remained fully enforceable in 2024, regardless of age
- California courts do not consider an easement abandoned through nonuse alone; there must be clear evidence the holder intended to give it up permanently
- Long-term use of an easement area (even landscaping maintained over decades) can create a prescriptive easement, expanding existing rights
- Verbal permissions carry almost no weight against a written easement document
- Courts can order full physical restoration, not just financial damages
The Verdict and What Came After
After a seven-day trial in June 2024, Judge Geck ruled entirely for the club. She found the easement was legally valid, that the Roots had not received authorization from club owner Ty Warner (who the court established as the only person with authority to approve changes), and issued a mandatory injunction ordering full restoration at the defendants’ cost. The court also reserved jurisdiction to monitor the restoration work through to completion.
The Roots appealed. In March 2026, the California appeals court affirmed the lower court’s ruling and again ordered them to restore the easement to its pre-modification state.
Appeals Court — March 2026
The defendants now have lost twice in court. It is time for them to remove the encroaching hardscaping and landscaping, and restore the property to its previous condition.
— Leila Noël, Cappello & Noël LLP
A Timeline of the Dispute
Case Timeline
- 1977 Montecito Country Club sells adjacent parcel, retaining a written easement for cart path and greenskeeper access.
- 2015 Roots purchase property. Club reroutes cart path during renovations; easement area fills with native vegetation.
- 2017 Roots request to terminate the easement. Club declines, citing Ty Warner’s position that it is a club asset.
- 2020 Roots remove hedge, install new one along property line, build retaining wall, and regrade land. Total cost: ~$300,000.
- 2021 Club sends cease-and-desist, then files lawsuit in Santa Barbara County Superior Court (Case No. 21CV02227).
- Jul 2024 Judge Donna Geck rules for the club after a seven-day trial. Roots ordered to restore easement at their own expense.
- Mar 2026 California appeals court affirms trial ruling. Restoration order stands. Defendants have now lost at both court levels.
What Property Owners Should Take From This
Real estate attorneys following the case say it sends a clear signal. Easements recorded decades ago do not disappear simply because they appear inactive or because the landscape around them has changed. Under California law, nonuse alone is not enough to abandon an easement. The holder must show clear, intentional relinquishment, and the courts set a high bar for that.
Title insurance also offers less protection than buyers often assume. Reports indicate the Roots received considerably less from their insurer than they spent in this dispute, leaving a substantial gap they bear themselves.
For anyone buying property near a golf course or any facility with historical access rights, the Montecito Country Club easement dispute is a direct warning: check what easements exist on any parcel, understand their exact scope, and get written authorization before making any changes near those boundaries.
The club at 920 Summit Road is owned by Ty Warner, the billionaire behind the Beanie Babies brand, who completed a major renovation of the Montecito Country Club before the dispute reached the courts.
