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Construction

The language of a deed or agreement for an easement of light, air, and view is generally interpreted in a manner that reveals the intention or purpose of the parties and the conditions existing when the deed or agreement was made[i].  While ascertaining the operation of a deed that creates an easement for light and air, words of the covenant must be read in the purview of the surrounding circumstances and the subject of the grant[ii].

In Petersen v. Friedman [iii], an easement holder filed an action against adjoining landowners to enjoin them from violating an easement by erecting an antenna.  The easement was contained in the adjoining landowners’ deed and provided that no obstruction of light, air, or view could occur without regard to the nature of the obstruction.  The court observed that the language of the easement was clear and left no room for construction or determination of the intent of the parties.

If the easement of light, air, and view are forbidden against any type of obstruction, then such easement also forbids the obstruction by devices that were not in existence at the time of the creation of the easement [iv].

 

[i] Irving Trust Co. v. Anahma Realty Corp., 285 N.Y. 416 (N.Y. 1941)

[ii] M. T. Garvin & Co. v. Lancaster County, 290 Pa. 448 (Pa. 1927)

[iii] 162 Cal. App. 2d 245 (Cal. App. 1st Dist. 1958)

[iv] Id


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