Ames

Plaintiffs appeal from a judgment of dismissal entered upon the sustaining of defendant’s general and special demurrers to their Fourth Amended Complaint (hereafter “complaint”) without leave to amend. The following factual summary is based upon the allegations of that complaint, which allegations are deemed to be true at this point.

Plaintiffs own a residential lot in a Sonoma County tract known as “Haciendas del Rio Golf and Country Club,” subdivisions 1 to 9, inclusive. This action is brought by them on their own behalf and on behalf of all others who own similar residential lots in the tract. (Code Civ. Proc. § 382.)

Defendant owns a large parcel of tract property which has not been platted into individual lots and, in addition, the beaches within' the tract which front on the Russian River.

The entire tract was originally owned by the developer, Hacienda, Inc. a California corporation. Present residential lot owners acquired title either by grant deed directly from this corporation or through mesne conveyances from grantees under deeds executed by the corporation.

The original deed in plaintiffs’ chain of title was executed by Hacienda, Inc. on October 31, 1931 to one J.…