Piazza v. Schaefer

In Piazza v. Schaefer (1967) 255 Cal. App. 2d 328, the court determined that an implied easement might arise from the grant of non-contiguous parcels. However, a review of the facts of Piazza reveals that it applies the same rules seeking to determine the intent of the parties when the dominant and servient lots were severed. The Piazza case concerned a water pipe that ran from a lake on the ranch of the common grantor over land eventually acquired by defendants to land later acquired by plaintiffs. The court reviewed the history of the transfers and the continued and open use of the water pipe and found that even though the ranch and plaintiffs' properties were not contiguous, being separated by a road, the clear intention of the parties when the lots were separated was to preserve the domestic water supply that connected the lake to plaintiffs' lots. (255 Cal. App. 3d at p. 333.) Thus, Piazza only stands for the proposition that when all elements necessary for an implied easement are present, the intent of the parties will be given effect.