Crippen v. Monroe
Defendants, cross-complainants and respondents Lee S. Monroe and Barbara Monroe as Trustees of the Monroe Family Trust dated 10/4/99 (the Monroes) own a house in the Point Loma section of San Diego. Their property and the property of two neighbors is burdened by an easement allowing access to the houses of plaintiffs, cross-defendants and appellants Kathryn Maas Crippen as Trustee of the Kathryn Crippen Trust dated 1/15/92, Frank V. Arrington and Linnea Arrington as Trustees Under Declaration of Trust dated 1/12/88, Donald A. Spanninga and Peggy J. Spanninga as Trustees of the Spanninga Family Trust dated 10/7/98, and Brian Arrington and Colby M. Arrington as Co-Trustees Under Declaration of Trust dated 9/19/2000 (together, Plaintiffs). As recorded on August 22, 1938, the grant of easement was 30 feet wide, 15 feet on the Monroes' property and 15 feet on their westerly neighbors' property. However, for much, if not all, of its history, the roadway over the easement was approximately 12 feet to 15 feet wide, and travel in both directions at the same time was not possible. The judgment is reversed. For the reasons stated in this opinion, Court conclude the intent of the original grantor and grantees was for the improvement and use within the 30 foot wide easement of a 20 foot wide roadway, located equally on each side of the easement centerline. Court therefore do not decide any other issue or issues between the
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