Adler

Appellants are residents and property owners of Rossmoor in Walnut Creek. On appeal from a summary judgment in favor of Manor Healthcare Corp. (Manor), appellants contend that Probate Code section 18100 does not apply to receipt of an easement across private Rossmoor roads in violation of a trust in which they are the beneficiaries. We disagree and affirm.

I. Factual and Procedural Background

Rossmoor is a privately owned and operated retirement community in Walnut Creek. Appellants allege that they are shareholders in the Golden Rain Foundation of Walnut Creek (Golden Rain) and beneficiaries under a trust Golden Rain administers. As trustee, Golden Rain holds title to and maintains all commonly owned properties for the benefit of Rossmoor residents and its shareholders.

In September 1987, UDC-Universal Development L.P. (UDC), the Ross-moor developer, agreed to sell Manor an unimproved parcel of land (Lot 4) in Rossmoor. Because Rossmoor property surrounded Lot 4, Manor needed an easement of access through the Rossmoor security gate and across private Rossmoor roads. Manor asked that UDC obtain such an easement. Manor and UDC opened an escrow with First American Title…