Blackmore

Blackmore v. Powell

Good Law
150 Cal. App. 4th 1593·2007 Cal. App. LEXIS 805·59 Cal. Rptr. 3d 527·2007 Cal. Daily Op. Serv. 5715
Court of Appeal of CaliforniaMay 22, 2007B185326California4,414 words

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…

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