Fraser v. Ott

Citations

• 95 Cal. 661
• 30 P. 793
• 1892 Cal. LEXIS 885

Syllabus

<p>Boundary — Center of Highway — Presumption — Effect of Deed.— An owner of land bounded by a road or street is presumed to own to the center of the way, and when one conveys land bounded by a highway, he passes his title to the center of the highway, subject to the public easement, unless a different intent appears from the grant.</p> <p>Id. —Grant of Two Acres of Block Adjoining Street — Description — Measurement of Quantity. — A conveyance of two acres of a block adjoining a street passes title to half of the adjoining street, subject to the public easement; but it does not necessarily follow that the two acres must be measured by going to the center of the street; and if the deed describes the blocks as four-acre blocks, which appears to be the size of the blocks, exclusive of the adjoining streets, the description of the north two acres of a specified block in effect describes the north half thereof, exclusive of the street, especially where the deed describes a right of way as conveyed over the east end of the south half of the same block.</p> <p>Id.—Definition of “Block.” — A “block” is a square or portion of a city inclosed by streets, whether occupied by buildings or composed of vacant lots, and this is the meaning of the word as used in a conveyance of the north two acres of a four-acre block.</p>