Mohr

Appellant, Mrs. Mohr, is the owner of a 108-acre parcel of land just south of the city of Hayward, and immediately north of Middlefield subdivision. In December 1950, the appellant by indenture conveyed an easement to the Middlefield Company, which at that time was opening up a subdivision in unincorporated territory right next to Mrs. Mohr’s property. The easement covered a strip of land 25 feet wide across the southwesterly corner of the Mohr parcel, and it was for the construction, maintenance and operation of a sewer line and drainage ditch. The area embraced within the easement is only 625 square feet. In this indenture for an easement there is reserved to the grantor the right to use the strip of land for any purpose not inconsistent with the stated use thereof by the grantee.

The provision in the deed of December 1950, which forms the basis of the controversy involving value of property taken by respondent in a condemnation action is as follows:

The Middlefield Company transferred the subdivision to Treeview Homes, Inc., and that company constructed an eight inch sewer line in the 25-foot easement. By written contract, the respondent took over the actual maintenance of…