Beyer

In this action seeking to declare and quiet title to easements and obtain injunctive relief, plaintiffs Alan F. Beyer and Anna Ghandour appeal from the judgment entered in favor of defendant Tahoe Sands Time Share Owners Association (defendant or the Association). Plaintiffs contend easements were validly created by prior landowners (the Huntleys/Bemardses or time-share sponsors) who expressly reserved the easements when they dedicated a portion of their real property, including common areas, to a time-share project (Bus. & Prof. Code, former § 11003.5, see now Bus. & Prof. Code, § 11212 ) and conveyed legal title of the property to the Bank of California (the Bank) as trustee pursuant to a tmst agreement for the time-share project. Plaintiffs contend the trial court erred in concluding the Huntleys/Bemardses retained a sufficient ownership interest in the property to preclude their creating easements in their own favor. (Civ. Code, § 805. ) We agree with plaintiffs and shall reverse the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

The properties at issue in this case are shown on a copy of an assessor’s map attached to this opinion as an appendix. For ease of reference,…