Peterson v. Machado

Citations

• 5 Cal. Unrep. 273
• 43 P. 611
• 1896 Cal. LEXIS 1120

Syllabus

<p>Easement.—A Deed Conveying “a Bead and Eight of Way over and across” land, “to be forever appurtenant to” adjoining land of the grantee, and providing that neither party shall, “nor shall his successors in interest, grant or give to any other person a right of way over said road,” conveys only an easement for a right of way, and not a fee simple title.</p> <p>Easement.—An Injunction to Enjoin a Grantee of an Easement for a right of way from interfering with the grantor’s laying pipes beneath the right of way, to connect with a ram placed in a gulch which encroached on the right of way, should be granted, where the grantor offers to widen the right of way by moving his fence, or by changing the location of the ram, and filling up the gulch.</p>