Wagner v. Hanna

Citations

• 38 Cal. 111
• 1869 Cal. LEXIS 121

Syllabus

<p>Easement—Conveyance—Constbuction of.—When the owner of a tract of land sells one-half of it, reserving a right of way across it, and in the same deed grants to the vendee a right of way across the unsold half, these rights arc not annexed to, or appurtenant to the respective tracts, and do not pass with the title. Whether the grant of a right of way he in gross, or appurtenant to some other estate, must he determined from the grant itself, and not by matters aliunde. Ceockett, J., dissenting.</p> <p>Easement and Right of Way in Gboss.—The principal distinction between an easement and a right of way in gross, is, that in the first there is, and in the second there is not, a dominant tenement.</p> <p>Easement.—The grant of an easement is always made for the benefit of other premises, which are described in the grant.</p> <p>Easement—Statute of Eeauds.—A right of way is an interest in lands, to he conveyed only by an instrument in writing, which must describe the interest conveyed. If it is appurtenant to another tract, it must he so described, together with the tract of land to which it is appurtenant.</p> <p>Easement. —If there he two tracts of land, in one of which the owner or vendor reserves, and in the other grants a right of way, each becomes the dominant tract in respect to the right of way secured across the other. Pei- Ceockett, J.</p>