Glatts v. Henson

CARTER, J.

Prior to 1931, the defendants Chapman estate and Alfred Chapman, trustee, were the owners of a tract of land. Thereafter it became involved in the seven transactions hereinafter mentioned. First transaction. In that year the Chapmans conveyed to the city of Pasadena Parcel 1 of that tract. They also conveyed to the city a 25-foot easement for road and pipeline purposes over Parcels 4 and 5, the center line of which was the boundary line between those parcels. Second transaction. In 1937, the city deeded Parcel 1 to defendants, the Hensons, who now own it. Third transaction. In 1937, the Chapmans conveyed Parcel 2 to the Hensons and also an easement embracing the same area described in the first transaction. Fourth transaction. In 1988, the Chapmans conveyed to Riek and Knapp Parcel 3 and an easement embracing the same area described in the first transaction. In 1941, Riek and Knapp conveyed Parcel 3 and the easement to defendants, the Hensons. Fifth transaction. In 1938, the Chapmans conveyed Parcel 4 to plaintiffs Glatts “Reserving unto the grantor, its successors or assigns, an easement for road purposes, together with the right to dedicate the same to the public use over the easterly 30 feet of the herein described parcel of land.” Inasmuch as 12% feet of the easement described in the first transaction covers the east 12% feet of Parcel 4, the easement reserved covered the same area to that extent. Sixth transaction. In 1932, the Chapmans conveyed

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to Braley Parcel 5 and an easement covering the same 30 feet mentioned in the fifth transaction. In 1944, Braley conveyed Parcel 5 and quitclaimed the 30-foot easement to defendants, the Simpsons. Seventh transaction. In 1945, the city quit-claimed to plaintiffs Glatts any interest it may have in an easement over their property.

Plaintiffs brought this action against the Chapman estate, the Simpsons and the Hensons to quiet title to the east 30 feet of their property, that is, to have a declaration that none of the above mentioned easements were effective. The trial court declared plaintiffs to be the owner of the land in fee subject however to a 30-foot easement of the Chapmans and Simpsons and a 12%-foot easement of Hensons.

Originally plaintiffs, on this appeal, attacked the whole judgment. They now concede a 12%-foot easement to the Hensons and Simpsons and a 30-foot easement to the Chapmans together with a right in them to dedicate it to the public. The only remaining controversy is, therefore, with reference to the rights of the Simpsons in the westerly 12% feet of the 30-foot easement. Plaintiffs assert the easement as to that portion, as to the Simpsons, was extinguished by adverse possession thereof by plaintiffs.