Currier v. Howes

Citations

• 103 Cal. 431
• 37 P. 521
• 1894 Cal. LEXIS 797

Syllabus

<p>Dedication of Alley—Extent Designated by Fences—Rights of Purchasers—Presumption.—Where the owner of land lays off an alley through or extending into the land, and designates its boundaries and extent by substantial fences, and conveys lots bordering thereon, with an express grant of a right of way for egress and ingress through it, the rights of the purchasers will be presumed to extend to the limits of the alley thus designated.</p> <p>Id.—Length of Alley—Conflict of Evidf.nce.—Where the complaint alleges and the court finds that the alley dedicated extends along the entire rear or south line of plaintiff’s lot, and there is a substantial conflict in the evidence as to whether the alley extended only from the street to the rear of the lot, or extended across the entire rear of the lot, and there is evidence sufficient to show that the alley in rear of the lot was fenced on the south side of the lot by the original owner of the land, and had been used as a passageway by the persons living along it, the finding will not be disturbed, although the testimony in the case is more than usually indefinite and unsatisfactory as to dates.</p> <p>Id.—Easement Appurtenant to Estate.—If an easement becomes appurtenant to an estate it follows every part of the estate into whosever hands the same may come by purchase or descent.</p> <p>Id.—Right of Way—Sale in Separate Parcels.—Where the owner of land to which a right of way is appurtenant sells or devises it in separate parcels to different persons each of such persons acquires a right of way as appurtenant to his particular part of the land.</p> <p>Id.—Deed of Easement—Nonuser—Prescription.—Where an easement is acquired by deed no length of time of mere nonuser ■ will operate to impair or defeat the right; and nothing short of a use by the owner adverse to the enjoyment of the easement, for the space of time requisite to create a prescriptive right, will restore the right granted.</p> <p>Id.—Motives of Grantor Immaterial—Co