Taylor v. Warnaky
California Supreme Court
Appeal from a judgment for the plaintiff, and from an order denying a new trial, in the Twenty-second District Court, County of Sonoma. Temple, J. The facts are stated in the opinion.
1Opinion of the Court
McKinstry, J.:
A “ way of necessity ” can only be created over one or two parcels of land of which the grantor was the owner when the same was conveyed or reserved; and it arises in favor of such parcel when the same is wholly surrounded by the grantor’s other land, or partly by this and partly by land of a stranger. This arises from the effect of the grant or reservation of the *351land itself, and is so far appurtenant to it as to pass with the land to another, provided he have no other way of access to the same. (Washburn’s Easem. and Serv., side p. 163, and cases there cited.)
Both the…
2Cited by16 opinions
- Logan v. StogsdaleIndiana Supreme Court · 1890
- Miller v. JohnstonCalifornia Court of Appeal · 1969
- Blum v. WestonCalifornia Supreme Court · 1894
- Reese v. BorghiCalifornia Court of Appeal · 1963
- Roemer v. PappasCalifornia Court of Appeal · 1988
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