Pipkin

This appeal arises out of an action relating to the establishment of easements across real property located at or near the northeast comer of East Kings Canyon Road and Temperance Avenue, Fresno, California. An illustrative schematic drawing is attached as Appendix 1 as an aid to understanding the location and relationships of the various parcels of property and claimed easements.

The material evidence is not in dispute and the questions we are to resolve are essentially ones of law.

At the northeast corner of Kings Canyon Road and Temperance Avenue is the Leonard property. Contiguous to the Leonard property on the north and also extending along Temperance Avenue is a 20-acre parcel. Prior to January 1965 the entire 20 acres were owned by Ted Der Torosian, Avedis Der Torosian, Johnny Der Torosian, Haigos Der Torosian, Levon Der Torosian, Margaret Vulich, Satenig Aaron and Mariam Pistoresi and their predecessors (hereinafter collectively referred to as “Torosians”). For 30 to 35 years the Torosians farmed this 20-acre parcel though they resided elsewhere.

The property which is now owned by Freddie D. Boydstun and Barbara Ann Boydstun (hereinafter “Boydstuns”) is located…