Blackmore v. Powell: An unusual easement decision.

Barry Blackmore initiated an action against appellants Donna Lisa Powell and Susan Diana Schmitter for a declaration that he was entitled to build a garage on an easement appurtenant to his property, and for other relief, including a permanent injunction. Following trial, a judgment was entered in Blackmore’s favor on his claims for declaratory and injunctive relief.  The court of appeal affirmed, ruling that the deed granting an easement “for parking and garage purposes” entitled the holder of the easement (Blackmore) to construct a garage on a portion of the easement. Contrary to the suggestion of the appellant, the Subdivision Map Act does not require that a property owner, in order to grant an easement that permits the construction of a permanent structure such as a garage, obtain local approval for the easement or record a map.  This case is significant in that the court allowed exclusive use of the property below the garage structure, without a finding that the dominant tenement holder (Blackmore) was a fee simple owner.  See, Raab v. Casper (1975) 51 Cal.App.3d 866, 876-877).

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