Grimshaw v. Belcher

Citations

• 88 Cal. 217
• 26 P. 84
• 1891 Cal. LEXIS 673

Syllabus

<p>Parol License — Easement—Revocation.— As a general rule, the effect of an executed or partly executed parol license, where the act licensed is of such a nature that if granted by deed it would amount to an easement, is simply to excuse the licensee for liability for acts done in pursuance thereof, and the revocation puts an end to the license, and no further act can be justified under it.</p> <p>Id.-—Fraud—Relief in Equity.— In cases where the revocation of the license would be a fraud, courts of equity give a remedy, either by restraining the revocation, or by construing the license as an agreement to give the right, and compelling specific performance.</p> <p>Id. •—Enlargement of Levee — Injunction. —Where one land-owner has given an adjoining owner verbal permission to enlarge a levee upon a depression in his land, in order to protect the lands of the adjoining owner from overflow, and the enlargement has been made at the expense of the adjoining owner, and from his materials, an action will lie in favor of the adjoining owner to enjoin the owner of the land from tearing down, removing, or digging away any portion of the levee.</p> <p>Id.— Effect of Injunction — Repair of Levee.—A perpetual injunction to restrain the removal or injury of the levee does not confer a permanent right upon the adjoining owner in the property of the owner of land on which the levee is situated, or give a right to enter upon the land for the purpose of repairing the levee, or to rebuild it in the event of its destruction.</p>