Besneatte

Besneatte v. Gourdin

Good Law
16 Cal. App. 4th 1277·1993 Cal. App. LEXIS 676·21 Cal. Rptr. 2d 82·93 Cal. Daily Op. Serv. 4883
Court of Appeal of CaliforniaMay 26, 1993G012480California2,059 words

Opinion

Opinion

Crosby, J.

Steven and Sherry Besneatte sued homeowners in an adjoining tract to quiet title to an abandoned alleyway separating their properties. The trial court denied the Besneattes’ motion for summary adjudication of issues and entered summary judgment in favor of defendants. We affirm.

I

An abandoned alley, approximately 650 feet long and 20 feet wide, separates El Toro tracts 9808 and 10009. Twenty-two residential lots run the length of the alley, eleven in each tract. The chain of title dates back to 1917. In April of that year, the Whiting Company created the alley from the margin of tract 10009, then known as “Block F,” dedicating it to the county for public use. Fee title to the alley, subject to the public easement, was retained by the Whiting Company.

Twenty-eight years later, Whiting conveyed Block F to Warren and Rosie Gray. That deed contained a metes and bounds description of the property: “to the Northeasterly line of that certain 20 foot alley shown on said Map; thence North . . . West along the Northeasterly line of said alley, 650 feet to its intersection with the Northeasterly extension of the Southeasterly line of Cherry Avenue . . . .” Every subsequent…

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