Herbert

Herbert v. Russell

Good Law
1 Cal. App. 3d 63·1969 Cal. App. LEXIS 1251·81 Cal. Rptr. 448
Court of Appeal of CaliforniaOctober 21, 1969Civ. No. 25244California1,443 words

Opinion

Lead Opinion

Shoemaker, J.

Plaintiff Barbara Herbert brought this action against defendants Raymond and Lorna Russell to quiet her title to certain parcels of real property and to obtain a judicial determination as to the extent, if any, that her property was burdened by an easement for light and air benefiting certain property owned by defendants.

Following a trial without a jury, the court made the following findings of *65 fact: Prior to July 1, 1957, Larkin Development Company was the owner of three adjoining parcels of San Francisco real property. By a deed dated July 1, 1957, which deed was duly recorded, Larkin Development Company conveyed one of said parcels (hereafter referred to as Parcel 1) to plaintiff. Said deed reserved to the grantor or its assigns “a perpetual easement for light and air over and above the existing improvements as they now stand [on Parcel 1], or in event the existing improvements are demolished, the easement shall be over and above a horizontal plane passing through a point at the Green Street curb level situate on the North line of Green Street 235 feet easterly from the easterly line of Fillmore Street.” The deed further provided that said easement was to be…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.