Hansen v. Danielson

DORAN, J. This action by respondents seeks to quiet title to an alleged right of way over appellants’ land located in the community of Sunland about a mile north of Foothill Boulevard. The westerly boundary of Lot 2 on which appellants’ land is located, and the easterly boundary of Lot 3 where respondents’ parcel is situated is a common line.

Under date of August 27, 1923, S. R. Deacon and wife conveyed to Gavin W. Craig and wife, Lot 2 involved herein, and a portion of Lot 1 not here involved, “Reserving to the grantor, however, the right of way across the above described property over roads now in use to the Government [654]land and to Lot Three (3) in Section Eleven (11), Township Two (2) North, Range Fourteen (14) West, S.B.M., provided that the right of way to the said Lot Three (3) may be changed by the Grantee if it shall still be kept so as to provide reasonably convenient access thereto.”

By deed dated May 18, 1944 the Deacons conveyed Lots 1 and 3 and also “an easement for road purposes over Lot 2,” to the respondents Hansen, such easement being described as “the same easement as reserved in the deed” of August 27, 1923. On July 7, 1947, a portion of Lot 2 was conveyed to the appellants Danielson.

The record discloses evidence in support of the trial court’s findings that as far back as 1904 there had been a roadway across the Danielson portion of Lot 2 leading to Lot 3, and that up to 1952 this way had been used by land-seekers, land commissioners, survéyors, engineers, hunters with wagons and automobiles, miners, farmers, equestrians, moving picture companies, and others. When the Danielsons built a home on Lot 2, no fence or gate was built and the Hansens continued to travel across the Danielson property without interruption. The Hansens were ordered off the Danielson property for the first time in 1952.

Before taking testimony the trial judge and all parties interested visited and inspected the property in question. During the trial some 24 witnesses testified- and 20 exhibits were received in evidence. Judgment was rendered in favor of the Hansens, respondents herein.

In explanation of the original reservation of “the right of way across the above described property over roads now in use to the Government land and to Lot Three,” the trial court found that “the term ‘government land’ referred to and meant the Angeles National Forest Lands in the San Gabriel Mountains and that the phrase ‘ ‘ over roads now in use to the government lands” referred to and meant a road which, in 1923, and for many years prior thereto, was located in or near the bottom of a canyon shown on maps as Ebey Canyon; ran from the point where said canyon intersected Tujunga Wash or Canyon and then traversed a portion of said Lot 2 northerly to the Angeles National Forest.” The court also found that the location of such right of way reserved in the 1923 deed, “was not at any time changed.”