Petersen v. Friedman

162 Cal. App. 2d 245 (1958)

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Petersen v. Friedman

California Court of Appeals
162 Cal. App. 2d 245 (1958)

CS

Facts

Mary Petersen owned adjoining lots on Franklin Street in San Francisco. Mary sold one of the lots to C. A. Petersen and included a perpetual easement in the conveyance deed that preserved a right for light, air, and views for the lot she kept for herself. The deed included specific guidance on the restrictions imposed on the servient lot that would have to be complied with by C. A. Petersen and any subsequent owners of the lot. Friedman (defendant) eventually acquired ownership of the servient lot, then installed television aerials and antennae that violated the restrictions included in the easement. The executor of Mary’s estate (plaintiff) sued Friedman to enjoin Friedman from violating the easement and to force the removal of the aerials and antennae. The lower court rendered judgment for Mary’s estate, and Friedman appealed.

Rule of Law

Issue

Holding and Reasoning (Kaufman, J.)

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