Franceschi v. Kuntz

BROWN (H. C.), J. This is an appeal by defendants from a judgment which enjoined them from the use of a roadway and assessed damages against them in the sum of $2,500. Appellants contend that respondents by deed dated April 4, 1955, granted Western Studs, a logging firm, the right to use the roadway and that appellants’ use was under the authorization of the ultimate successors in interest to Western Studs and therefore did not constitute a trespass.

The facts may be briefly stated: In a deed dated April 4, 1955, hereinafter referred to as Mather deed, A. W. Mather (now deceased) and Burdell P. Mather, his wife, (now Mrs. Francesehi) granted to Western Studs, a limited partnership, certain real property, timber and rights of way situated in the County of Humboldt, California. The deed, after describing the land specifically, excepted that portion lying northeasterly of a line parallel to and distant 50 feet southwesterly from the center line of an existing road known as Mather road. The grant included, however, all of the timber on the 50-foot strip of land retained by the Matiiers. The deed also [1043]graiited a nonexclusive right of way for ingress and egress over an existing road known as Mather road. The deed provided relative to the use of easements and rights of way “. . . The above rights of way are conveyed subject to the condition that the grantees their successors or assigns will bear their share of upkeep [of said Mather road] in proportion to their use thereof. ...” [Italics added.]

Following the grant to Western Studs, there were a number of successive transfers to various logging and lumber companies. The end result was that the Weyerhaeuser Company became the owner of the land, timber and access rights described in the original deed from Mr. and Mrs. Mather.

On September 15, 1960, Weyerhaeuser, as such owner, entered into a contract with the Far Western Lumber Corporation for the logging of timber. This agreement provided, among other things: “Owner shall provide the following nonexclusive roads rights and facilities to be maintained by Operator unless otherwise specifically provided: existing logging roads, spurs, and landings on the Contract Area, and such of the existing access roads and access easements as Owner may have the right to permit Operator to use.” [Italics added.]

The Far Western Lumber Corporation quitclaimed its rights in the September 15, 1960 agreement to the Fairhurst Lumber Company with the consent of Weyerhaeuser, and Fairhurst quitclaimed all of its rights to appellants, also with the consent of Weyerhaeuser.1