Syers

Defendant appeals from a judgment in favor of plaintiff enjoining defendant from entering upon or using certain real property.

Both parties are owners of lots in a tract known as Laughlin Park and the controversy arises out of defendant’s claim to the right to use a 25-foot roadway running along the southerly edge of plaintiff’s lot for the purpose of gaining access to defendant’s property. The tract is bounded by Los Feliz Avenue on the north and Franklin Avenue on the south. The map of the tract recorded by the tract owners, through whom both plaintiff and defendant deraign title, showed a subdivision into lots but showed no streets within the tract. Upon this map which we will call the recorded map, appeared 19 irregular inside lots varying in area up to three acres which were not contiguous to any road or street. The tract owners deeded the lots to the purchasers by reference to this map. An unrecorded map was used by the tract owners for publicity and sales purposes. This unrecorded map showed various roads winding irregularly through the tract and each lot within the tract was shown abutting on one or more of these roads. Practically all of these roads, including the one in…