Howard

City of Los Angeles v. Howard

Good Law
1966 Cal. App. LEXIS 1605·244 Cal. App. 2d 538·53 Cal. Rptr. 274
Court of Appeal of CaliforniaAugust 30, 1966Civ. 28747California3,301 words

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…

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