Minson Co. v. Aviation Finance (38 Cal. App. 3d 489, 1974)

Opinion

STEPHENS, J.

Defendant Aviation Finance appeals from a judgment quieting title in plaintiff Minson Co. to a parcel of real property located between a road running through defendant’s property and the section line which (according to the deed) forms the southern boundary of defendant’s property. The action was brought to determine the common boundary line between plaintiff’s northern boundary and defendant’s southern boundary.

The facts are as follows: In 1958, both parties acquired title to the parcels of land which are central to the issues herein raised. Defendant acquired title to a parcel of land described as “the south half of Section 7, Township 9 North, Range 33 West ... in the County of Santa Barbara.” Plaintiff’s parcel was located in the northwest quarter of the northwest quarter of Section 18, Township 9 North, Range 33 West in the County of Santa Barbara and consisted of the west half of that quarter quarter-section. Defendant’s parcel lies immediately adjacent to and north of plaintiff’s parcel.

The crux of the litigation centers around road-building activity which took place in the late 1890’s or within a few years thereafter. Sometime during this period, a county road approximately 50' wide with an oil surface (now known as “Clark Road”) was laid out in an east-west direction, running generally along the section line in the area of the parties’ properties. The rough sketch of a portion of plaintiff’s exhibit shown below will help to explain the topography of the area at issue:

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