Las Posas Water Co. v. County of Ventura

The sole question presented fór the determination of the court is whether the defendant by the deed herein described, acquired the title in fee to the strip of land in controversy or only an easement for road purposes. Defendant’s rights therein were acquired by deed executed and delivered to it on the sixth day of April, 1889, by the then owners of the property through which the strip runs. About three years later the same grantors granted to appellant a right of way over the same strip together with a right to enter upon, use and enjoy the same, in the operation, maintenance, repair, extension, and use of its water distribution system.

The question is whether the first-mentioned deed conveyed to defendant the fee to the land described in the deed or only an easement for road purposes. The trial court held that it conveyed the fee. It is the contention of the appellant that only an easement for a public road was granted by this deed, and therefore the owners of-the land over which the strip runs had a right to subsequently grant the right of way to appellant for its pipe-lines subject to the right of way for road purposes previously conveyed to respondent. The granting part of…