What is the test for establishing that a portion of a roadway easement is in exact location?

California, United States of America


The following excerpt is from Stickney v. Nemir, 221 Cal.App.2d 208, 34 Cal.Rptr. 355 (Cal. App. 1963):

[221 Cal.App.2d 213] Plaintiff next asserts that the westerly roadway easement was established in exact location by certain deeds. These deeds, however, were found to lack consideration. Plaintiff shows no error of the trial court as a matter of law in this respect. Again, the transcript of the evidence is not before us, and it must be presumed that there was substantial evidence supporting the court's finding that the deeds were lacking in consideration and not binding on defendants. (Jones v. Evarts, 114 Cal.App.2d 496, 250 P.2d 671.)

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