Christian

Plaintiffs, owners of three parcels (28, 29 and 30) in a subdivision known as Latrobe Hills, El Dorado County, brought this action to quiet title in an easement across defendants’ parcels, that provided access to Latrobe Road, by incorporation in their deeds of a recorded 1977 subdivision parcel map (figure 2, appen., post, at p. 557).

The issue arises because the 1977 parcel map was amended in 1979, pursuant to Government Code former section 66499.20%, to resubdivide two of the parcels (14 and 15) subject to the map (figure 3, appen., post, at p. 558) and to create a road easement along their joint boundary connecting to the easement granted plaintiffs by incorporation of the 1977 parcel map in their deeds. At the same time, quitclaim deeds were recorded that extinguished the portion of the easement shown on the 1977 parcel map along the boundary of parcels 8, 14 and 15, at least with respect to parcels 28 and 29. As a consequence, defendants’ predecessors in interest thereafter lacked the authority to deed an easement over that portion to parcels 28 and 29. No road was ever built over the original easement along parcels 14 and 15, but there is a dirt road over the…