Garza v. Grayson

467 P.2d 960 (1970)

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Nature of the Case

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Facts

Gadeholt was the owner of Lots 579 and 580. The lots were not served by an existing sewer system. On June 28, 1963, Gadeholt conveyed Lot 579 to P. The deed made no mention of an easement. On December 19, 1963, Gadeholt conveyed Lot 580, which adjoined Lot 579, to William Leer and wife. The Leer deed contained the following reservation: 'RESERVING, however, an easement for public utility purposes over and across the northeasterly five feet of the above-described property, constituting a strip five feet in width laying adjacent to the northeast boundary of the above-described tract and extending from Blue Heron Road to the most easterly corner of said tract.' D acquired the lot and P seeks a declaration establishing the existence of an easement over Ds' land for the construction and maintenance of a service line serving P's adjoining land. Ds contends the Leer deed could not create an easement benefiting P's land because an easement cannot be reserved in favor of a third person, and that the reservation of an easement 'for public utility purposes over and across' grantees' land does not include an easement for a sewer line because it would not be 'over and across' defendants' land but rather would be under and through it. The court ruled for P and D appealed.