I concur in the judgment but wish to add that I adhere to the views with respect to the so-called rule against admitting extrinsic evidence to interpret apparently unambiguous written instruments set forth in my concurring opinion in Universal Sales Corp. v. California etc. Mfg. Co., 20 Cal.2d 751, 776 [128 P.2d 665], and dissenting opinion ixx Estate of Rule, 25 Cal.2d 1, 20-22 [152 P.2d 1003, 155 A.L.R. 1319], (See also Union Oil Co. v. Union Sugar Co., 31 Cal.2d 300, 306, footnote [188 P.2d 470].) Its fatuity is demonstrated by holdings that the conflicting contentions of the parties as to the meaxxixxg of a written instrument alone supply the ambiguity necessary to take the rule out of play. (Beneficial etc. Ins. Co. v. Kurt Hitke & Co., 46 Cal.2d 517, 524 [297 P.2d 428] ; Chastain v. Belmont, 43 Cal.2d 45, 51 [271 P.2d 498]; Television Arts Productions, Inc. v. Jerry Fairbanks, Inc., 164 Cal.App.2d 842, 848 [331 P.2d 117]; California Emp. etc. Com. v. Walters, 64 Cal.App.2d 554, 559 [149 P.2d 17].) Litigation as to the meaning of language arises *526only from disputes as to meaning; a rule applicable only when no dispute exists is of no assistance in resolving a dispute that does exist.
The rule is of no assistance whatever in determining the meaning of the deed in this case. Its meaning can only be made plain by extrinsic evidence. Certainly it is logic run riot to rely on extrinsic evidence to establish that the meaning is plain and then to hold that such evidence cannot be considered because the meaning is plain. The suitability of defendants’ land for deer hunting was established by the extrinsic evidence of its use for that purpose both before and after the execution of the deed in question. In the absence of evidence establishing that the meaning the parties attached to the language of the grant excluded use of the easement to gain access for hunting, the grant in general terms must be interpreted as permitting that use. (Drexler v. Hufnagel, 76 Cal.App.2d 606, 609 [173 P.2d 677] ; see Pasadena v. California-Michigan etc. Co., 17 Cal.2d 576, 582 [110 P.2d 983, 133 A.L.R 1186] ; 3 Tiffany, Real Property (3d ed.), § 803, pp. 322-323.)
There is no evidence in the record to support a restrictive interpretation of the deed. It is true that plaintiff testified that before the property was partitioned, the parties orally agreed that “whoever got the back half of the range should have a right of way up through the property for the purpose of caring for his cattle in winter time, or hauling hay up to them, or haul material, whatever he needed to care for his property, in maintaining fences, and so forth. ” As an agreement, this oral understanding was superseded by the subsequently executed deed. (Civ. Code, §1625; Hotle v. Miller, 51 Cal.2d 541, 546 [344 P.2d 849] ; see 3 Corbin on Contracts, § 574, pp. 222-223.) As extrinsic evidence of the meaning of the deed, it does not support the trial court’s interpretation. Thus, the oral understanding did not expressly exclude access for deer hunting, and other testimony of plaintiff establishes that the parties were not in agreement as to the scope of the easement intended immediately before the deed was executed. At that time defendant wished additional rights of way to facilitate hunting, and plaintiff wished to prohibit use of the right of way by hunters altogether. This controversy was resolved when the parties completed the dissolution of their partnership by the execution and acceptance of the deed granting the right of way. Under these circumstances the deed cannot reasonably be interpreted as prohibiting access to defendants’ land for deer hunting, an existing and reasonable *527use of the land. In view of the controversy, had the parties agreed on a more restrictive use, surely they would have adopted language so providing.
To attempt to support this conclusion by holding that the very evidence on which it is based may not be considered is logically indefensible. Moreover, the giving of lip service to the rule that an apparently plain and unambiguous meaning must govern, invites the error that the trial court committed in this case, namely, rewriting a written instrument. Implicit in the statement that when the language of a written instrument is “plain, certain and unambiguous” extrinsic evidence will not be considered “to add to, detract from, or vary its terms” is the idea that if the language is not “plain, certain and unambiguous,” extrinsic evidence may be considered for those purposes. Whether or not the language of a written instrument appears, “plain, certain and unambiguous,” extrinsic evidence is not admissible to 1 ‘ add to, detract from, or vary its terms.” It is admissible to determine what those terms are. (Barham, v. Barham, 33 Cal.2d 416, 422-423 [202 F.2d 289].) The court must determine the true meaning of the instrument in the light of the evidence available. It can neither exclude extrinsic evidence relevant to that determination nor invoke such evidence to write a new or different instrument.