Howard
City of Los Angeles v. Howard
Opinion
Opinion
Kingsley, J.
This is an appeal by the plaintiffs from a judgment denying injunctive relief to compel removal of alleged obstructions on plaintiffs’ easement, and to exclude the servient owners from using the easement area as a parking lot. We affirm the judgment as entered.
The easement in question was created by reservation in a deed dated December 12, 1919, from the City of Los Angeles to certain grantees. The language of the easement is as follows: “. . . reserving unto said first parties a perpetual easement and right of way 150 feet in width for the purpose of operating, maintaining, repairing and renewing tower [sic] lines for the conveyance of electricity across Lot 4 of Block 57.”
The property conveyed by the 1919 deed comprises a tract of land much greater than the 150 foot “floating,” unfixed easement thus reserved. In 1943, the floating easement became fixed when some towers, 136 feet in height, were erected; electrical conduits were also put up between the towers. [See fn. 1] In 1960 two parcels of property were conveyed to defendants John D. Howard and J. Morgan Greene, one parcel of which is beneath plaintiffs’ towers; electrical wires pass over the subject property (easement…