Herbert v. Russell

Opinion

SHOEMAKER, P. J. Plaintiff Barbara Herbert brought this action against defendants Raymond and Lorna Russell to quiet her title to certain parcels of real property and to obtain a judicial determination as to the extent, if any, that her property was burdened by an easement for light and air benefiting certain property owned by defendants.

Following a trial without a jury, the court made the following findings of [65]fact: Prior to July 1, 1957, Larkin Development Company was the owner of three adjoining parcels of San Francisco real property. By a deed dated July 1, 1957, which deed was duly recorded, Larkin Development Company conveyed one of said parcels (hereafter referred to as Parcel 1) to plaintiff. Said deed reserved to the grantor or its assigns “a perpetual easement for light and air over and above the existing improvements as they now stand [on Parcel 1], or in event the existing improvements are demolished, the easement shall be over and above a horizontal plane passing through a point at the Green Street curb level situate on the North line of Green Street 235 feet easterly from the easterly line of Fillmore Street.” The deed further provided that said easement was to be appurtenant to the two remaining parcels of real property (hereafter referred to as Parcels 2 and 3) still owned by Larkin Development. Subsequently, by a deed dated July 17, 1957, and also duly recorded, Larkin Development Company conveyed Parcel 2 to plaintiff, specifically providing in said deed that the easement for light and air reserved in the deed conveying Parcel 1 to plaintiff was to be retained as appurtenant both to Parcels 2 and 3. By deed dated July 26, 1957, and duly recorded, Larkin Development Company conveyed Parcel 3, together with the easement for light and air reserved in the deed of Parcel 1, to certain parties by the name of Larsen. By deed dated February 26, 1958, and duly recorded, the Larsens conveyed Parcel 3 and the above-mentioned easement to defendants.

Based upon the aforesaid findings, the court adopted the following conclusions of law: that defendants were the owners of Parcel 3, together with an appurtenant easement for light and air precisely as defined in the deed of Parcel 1 from Larkin Development Company to plaintiff; that plaintiff was the owner of Parcel 1 subject to said easement; that said easement was not an unreasonable burden upon Parcel 1, was indivisible and was precisely defined as to its scope and extent by the language contained in the deed conveying Parcel 1 to plaintiff.