Can a grant of the right of way be interpreted in favour of the grantor?

California, United States of America


The following excerpt is from Laux v. Freed, 2 Cal.Rptr. 265, 348 P.2d 873, 53 Cal.2d 512 (Cal. 1960):

[348 P.2d 879] Insofar as construction of the grant of the right of way is concerned section 1069 of the Civil Code declares that 'A grant is to be interpreted in favor of the grantee, except that a reservation in any grant * * * is to be interpreted in favor of the grantor.' '(T)he rules applicable to the construction of deeds generally apply with full force and effect to instruments conveying easements or other similar rights or privileges.' [53 Cal.2d 523] (Eastman v. Piper (1924), 68 Cal.App. 554, 561(6), 229 P. 1002; 17 Cal.Jur.2d 102, 10.)

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