Faus
Faus v. Nelson
Opinion
Opinion
Kaus, J.
Plaintiff appeals from an adverse judgment in an action to quiet title to a strip of land about 80 feet in width and about 2.938 acres in area. The land in question is an abandoned right-of-way of the Pacific Electric Railway Company (“Pacific Electric”). Plaintiff’s title derives from a deed dated February 18, 1955, from Glendora Land Company. Plaintiff’s grantor was the original subdivider of the tract through which the right-of-way ran. Defendants trace their title to individual grantees of lots in the tract which border the right-of-way.
The tract map in question was filed and recorded by the Glendora Land Company in 1887. The subject strip is described as “Reservation for S.P.R. Right of Way. ” The easement to the predecessor in interest of the Pacific Electric, the Los Angeles Inter-Urban Railway Company, was dated June 1, 1906, and recorded June 29, 1906. The predecessors in title of defendants Powell, Nelson and Woods received and recorded title to their lots between 1887 and 1906. Defendants’ Shumaker predecessor in interest received and recorded his deed in 1908. All deeds to defendants’ lots from Glendora Land Company describe the land conveyed by reference to the map…