Blackmore
Blackmore v. Powell
Opinion
Opinion
Manella, J.
Respondent Barry Blackmore initiated an action against appellants Donna Lisa Powell and Susan Diana Schmitter for a declaration that he was entitled to build a garage on an easement appurtenant to his property, and for other relief, including a permanent injunction. Following trial, a judgment was entered in Blackmore’s favor on his claims for declaratory and injunctive relief. On appeal, appellants contend the trial court erred in interpreting the easement to permit respondent to build a garage, and that the easement, so construed, contravenes the Subdivision Map Act (Gov. Code, § 66410 et seq.) (Map Act). We reject these contentions and affirm.
RELEVANT FACTUAL AND PROCEDURAL HISTORY
The underlying dispute concerns adjoining parcels of residential real property in Glendale. In December 1979, Richard Hunt, the owner of one of these parcels, executed a grant deed conveying an easement to the owners of the other parcel, Thomas and Barbara Young. According to the grant deed, the easement was for “parking and garage purposes” over a defined area on Hunt’s property encompassing 6,138.29 square feet. The grant deed was recorded on December 11, 1979. In May 1998, appellants…