Cline

In this action John Cline and Mary Lou Cline are plaintiffs and respondents, Helen Haines is defendant and appellant, and Matthew Gerald Barradas was a defendant who has not appealed. On April 5, 1955, the Clines executed a deposit receipt contract with a real estate broker, Edward Koepke (since deceased), for the purchase of a parcel of land in Contra Costa County. (PI. Exh. 4.) The land was then owned by Helen Haines. Koepke represented that the Clines’ lot would be one of a six-lot subdivision; would front on Berta Lane; and that Berta Lane would be constructed for the sole use of the six-lot subdivision. On August 20, 1955, appellant Haines deeded the lot covered by the Clines’ deposit receipt to defendant Barradas. (Defts. Ex. 4.) In the deed Haines reserved a right of way on Berta Lane “as an appurtenance to the remaining lands of grantor.” This deed was recorded March 21, 1956. At this time Haines *562 was still the owner of two lots in the six-lot subdivision. She was also the owner of residential and business property adjoining this subdivision.

On August 12, 1957, defendant Barradas deeded this property to the Department of Veterans Affairs of the State of California.…