Pellissier v. Corker

Citations

• 103 Cal. 516
• 37 P. 465
• 1894 Cal. LEXIS 813

Syllabus

<p>Alleyway—Grant of Easement—Trust.—A deed granting a tract of land to the grantee, his heirs and assigns, for the sole purpose of an alleyway, to he used in common with the owners of other property adjoining the alleyway, is an express grant of an easement—a right to the use, and nothing more —and does not pass a fee-simple title to the grantee, hut merely vests the legal title in the grantee, his heirs and assigns, for the benefit of the owners of the adjacent lots, to be used as an alleyway, and subject to the easement created by the dedication of the strip of land for that use.</p> <p>Id.—Presumption—Intention Appearing From Grant—Fee-simple— Lesser Estate.—Under section 1105 of the Civil Code a fee-simple title is presumed to be intended to pass upon a grant of real property only where it does not appear from the grant that a lesser estate was intended, and where it clearly appears from the grant that a lesser estate was intended, a fee-simple title does not pass.</p> <p>Id.—Irreconcilable Parts of Grant—Single Grant For Use.—The principle declared in section 1070 of the Civil Code that if several parts of a grant are irreconcilable, the former part prevails, has no application where the grant has but one part, which is essentially the grant for a use.</p> <p>Id.—Limitation of Use.—Estate Less Than Fee.—The rule that a prohibition or limitation of the use of property granted, which is inconsistent with the title conveyed, is void, has no application where an estate in fee does not pass to the grantee,</p>