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Property Keyed to French
Pasadena v. California-Michigan Land & Water Co.
Facts
The City of Pasadena (Plaintiff) obtained an easement from the owner of the servient tenement by grant. The grant stated that the purpose of the easement was to install and maintain water mains and specified a five-foot strip of land as the location of the easement. Plaintiff did not occupy the entire strip of land. The owners of the servient tenement subsequently granted an easement to the California-Michigan Land & Water Co. (Defendant) in the same five-foot strip of land. Pursuant to the grant, Defendant installed water mains and service connections in several five-foot easements. Plaintiff filed suit for an injunction and damages, arguing that it had the right to occupy the entire five-foot strip of land if necessary, and that Defendant’s easements substantially interfered with its present and future use of the land. The trial court found that there was no unreasonable interference with Plaintiff’s easement.
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