Fobbs

Fobbs v. Smith

Good Law
1962 Cal. App. LEXIS 2463·20 Cal. Rptr. 545·202 Cal. App. 2d 209
Court of Appeal of CaliforniaApril 5, 1962Civ. No. 25766California1,458 words

Opinion

Lead Opinion

Jefferson, J.

Plaintiffs and defendants are owners of adjoining and contiguous parcels of residential realty located on the north side of 49th Street in the City of Los Angeles. Plaintiffs’ parcel is to the west of defendants’ property. *

In 1923, a common grantor of both parcels by duly recorded deed created and reserved reciprocal easements for use as a common driveway for the benefit of the predecessors in title of the parties to this action. The easements covered the west four feet of the south fifty feet of defendants’ parcel and the east four feet of the south fifty of plaintiffs’ parcel.

Plaintiffs first resided on their parcel as lessees in 1936. At the curb-line of the western portion of the adjoining parcel there was a concrete ramp or apron. Straddling the property line, at the rear of the parcels was a joint garage. The west half of the garage was used by the owners of plaintiffs’ parcel, and the east half of the garage was used by the owners of defendants’ parcel. Leading from the apron to the joint *212 garage, was a driveway. The distance from the front of the garage to the southern property line was 81.9 feet.

In 1939, plaintiffs purchased the parcel they had been leasing.…

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