City of Pasadena v. California-Michigan Land & Water Co.

110 P.2d 983, 17 Cal. 2d 576, 133 A.L.R. 1186, 1941 Cal. LEXIS 290
CourtCalifornia Supreme Court
DecidedMarch 8, 1941
DocketL. A. 16759
StatusPublished
Cited by131 cases

This text of 110 P.2d 983 (City of Pasadena v. California-Michigan Land & Water Co.) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Pasadena v. California-Michigan Land & Water Co., 110 P.2d 983, 17 Cal. 2d 576, 133 A.L.R. 1186, 1941 Cal. LEXIS 290 (Cal. 1941).

Opinions

GIBSON, C. J.

This is an action for injunction and damages based on the defendant’s alleged past and threatened future invasion of certain easements owned by the plaintiff. The case was tried by the court sitting without a jury, and from a judgment entered for the defendant the plaintiff prosecutes this appeal.

The parties are competing vendors of water service in an unincorporated area situated between the cities of Arcadia and Pasadena. The defendant, under claim of right and with the admitted permission of the servient owners, installed water mains and service connections in certain five-foot easements theretofore granted to the plaintiff and partly occupied by its water mains and connections. This action was commenced by the plaintiff on the theory that the owners of the servient tenements had no power to grant easements similar to plaintiff’s in the same five-foot strip of land to the defendant company, a competing distributor of water service. Plaintiff’s contention was that it had a right to occupy the [578]*578five-foot strip completely if the necessity arose, and that the defendant’s installation substantially interfered both with plaintiff’s present partial occupation of the land and with its possible future use of the land for its pipes and connections. The trial court found against the plaintiff and for the defendant upon conflicting evidence. In this appeal plaintiff contends primarily that the easement grante^ to the defendant was an unreasonable interference with Fits prior easement as a matter of law. It is asserted that there was no need to resort to evidence of the surrounding facts and circumstances, and that the court should have found for the plaintiff upon the ground that the defendant’s mains interfere in law with the easement previously granted to the city, entirely apart from the question of physical interference upon which the trial court found against plaintiff. There is also a contention that the findings of the trial court are not supported by the evidence. We find ample evidence, however, to sustain the findings. We shall confine our opinion, therefore, to a consideration of the appellant’s primary contention, that the easements granted to the defendant interfered with its prior easements as a matter of law.

The easements involved in the present case are described as follows in the instrument creating them: “Easements for the purpose of installing and maintaining water mains and connections thereto ... all of said easements being five feet in width, to-wit: a. In lots 1 to 12, both inclusive, along the south line thereof . . . ”, This language eliminates at once the suggestion that appellant’s easement was a so-called “exclusive easement”. Under section 806 of the Civil Code “the extent of a servitude is determined by the terms of the grant ... ”, and there is no language in this grant which indicates any intention to make the easement held by the City of Pasadena an exclusive one. Indeed, appellant does not make a serious claim that there was an intention to make this an exclusive easement; and any such intention would seem clearly contrary to the admitted facts, since prior easements in the same land were in effect at the time when appellant’s easements were granted. Furthermore, an “exclusive easement” is an unusual interest in land; it has been said to amount almost to a conveyance of the fee. (2 Thompson, Real Property [1939], sec. 578; Jones, Easements, sec. 378, p. 302.) No intention to convey such a com[579]*579píete interest can be imputed to the owner of the servient tenement in the absence of a clear indication of such an intention. (See Reiver v. Voshell, 18 Del. Ch. 260, 264 [158 Atl. 366]; Jones, supra, sec. 379, p. 303.)

The determination of this appeal turns upon the rights which the owner of the servient tenement retains in the land over which he has granted an easement for the laying of water pipes. It is established that the right to lay underground pipes over the land of another is an easement and is governed generally by the rules of law which govern ordinary easements of way. (Winslow v. City of Vallejo, 148 Cal. 723 [84 Pac. 191, 113 Am. St. Rep. 349, 7 Ann. Cas. 851, 5 L. R. A. (N. S.) 851]; Patterson v. Chambers’ Power Co., 81 Or. 328, 348 [159 Pac. 568]; Weil, Water Rights in the Western States (3d ed.), sec. 458 et seq.; 17 Am. Jur. 983, 1002.) Where the easement is founded upon a grant, as here, only those interests expressed in the grant and those necessarily incident thereto pass from the owner of the fee. The general rule is clearly established that, despite the granting of an easement, the owner of the servient tenement may make any use of the land that does not interfere unreasonably with the easement. (Hoyt v. Hart, 149 Cal. 722 [87 Pac. 569]; Durfee v. Garvey, 78 Cal. 546 [21 Pac. 302]; Dierssen v. McCormack, 28 Cal. App. (2d) 164 [82 Pac. (2d) 212]; Perley v. Cambridge, 220 Mass. 507, 513 [108 N. E. 494, L. R. A. 1915E, 432]; 3 Tiffany, Real Property (3d ed. 1939), sec. 811.) It is not necessary for him to make any reservation to protect his interests in the land, for what he does not convey, he still retains. (Jones, Easements, sec. 391 et seq., p. 313.) Furthermore, since he retains the right to use the land reasonably himself, he retains also the power to transfer these rights to third persons. (Galletly v. Bockius, 1 Cal. App. 724, 727 [82 Pac. 1109]; Hoyt v. Hart, supra, p. 728; 3 Tiffany, supra, sec. 811; 17 Am. Jur. 994, 995.) Thus, in the instant case, the right of the defendant to use the particular land in controversy is derived from the owner of the servient tenements, and whether it is a permissible use is to be determined by whether the owner of the servient tenements could have used the land in that manner.

Whether a particular use of the land by the servient owner, or by someone acting with his authorization, is an unreasonable interference is a question of fact for the jury. [580]*580(See Frank v. Benesch, 74 Md. 58, 61 [21 Atl. 550, 28 Am. St. Rep. 237]; Rowell v. Doggett, 143 Mass. 483, 488 [10 N. E. 182]; Bakeman v. Talbot, 31 N. Y. 366, 370 [88 Am. Dec. 275]; Jones, supra, sec. 394, p. 315; 2 Thompson, supra, sec. 584; 17 Am. Jur. 994, 995, 1008; 15 L. R. A. (N. S.) 293.) In the present case, the trial court found that there was no such unreasonable interference, and this finding based upon conflicting evidence would ordinarily be conclusive.

Appellant urges the application of a different rule to the instant case upon the following grounds: That these easements are created by grant, and the language of the grant is so clear and definite that a court as a matter of law can define the relative rights of the parties from the instrument alone, without resorting to an examination of the surrounding facts and circumstances. This is said to be so because this is an easement of defined width and location, ther theory being that where the easement has ir defined width/ the easement holder has the right to occupy it to the full width if it ever desires to do so. Therefore, it is asserted, any use of the strip of land for laying other water pipes should be held to be unreasonable interference as a matter of law.

Appellant relies upon cases which hold that a surface right of way of defined width gives the easement holder the absolute right to occupy the surface to that width whenever he chooses.

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Cite This Page — Counsel Stack

Bluebook (online)
110 P.2d 983, 17 Cal. 2d 576, 133 A.L.R. 1186, 1941 Cal. LEXIS 290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-pasadena-v-california-michigan-land-water-co-cal-1941.