San Rafael Ranch Co. v. Ralph Rogers Co.

Defendants, under claim of right so to do, entered upon the lands of plaintiff and proceeded to cut down the trees and shrubs and dig up the soil for the purpose of laying a pipe-line to conduct water, developed on their land, over the land of plaintiff. Plaintiff sought and obtained an injunction restraining them from thus entering upon its lands, and from this judgment defendants appeal.

Both plaintiff and defendants derive title from a common grantor. In all of the deeds executed by this grantor were contained the following reservations: “Said association expressly reserves to itself and each member thereof and to all alienees of the same forever, a reasonable right of way along and across said lot, and also reserves to said association all springs or other streams or waters arising or flowing, visible or invisible, on said lot, with a right to enter upon the same and make-the necessary excavations or other works for the development of the same by payment of reasonable damages therefor.” Defendants are the owners of a portion of lot 48. By mesne conveyance, the city of Los Angeles became vested, both with the title to the land of this portion of lot 48, and also with the…