Old Maps without Street dedication or Acceptance.

[JasonCamit]

I have an old (antiquated - 1884) map that has public streets drawn, but no dedication statement. I also cannot find any action that accepted these streets. These streets are very much in use and have been for over 100 years. I will be processing street vacations in the near future on portions of these streets. I am wondering if this situation has occurred with anyone else and looking for a consensus on how these streets a viewed. Are they public street right-of-way without any formal dedication or acceptance?

[mpallamary]

Yes, I have dealt with it many times. I have a case I can send over when I have some time.

[Warren Smith]

Jason,

Prior to 1901, there wasn't a mechanism for the approving public agency to accept dedications on a subdivision map. The Political (now Streets & Highways) Code had provisions for public roads to be petitioned for, viewed (surveyed), grant deeds prepared and accepted by resolution, and - for Counties - the requirement to declare a public highway in order to collect and expend road tax funds for maintenance. If that process wasn't followed, they are not public streets.

In the case of streets shown on antiquated subdivision maps, they are held to be for the purpose of access to and from individual lots within the subdivision.

However, there may be conditions which lead to a prescriptive right of the public to have unrestricted access, such as maintenance by the public agency. It may take a resolution for termination of maintenance, if that is the case.

[pls7809]

The current issue of Cal Surveyor has an article about street dedications and their history in CA.

EARLY CALIFORNIA – Acts of Intents of Dedication – Anne Hoppe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

It might be worth checking out.

http://www.californiasurveyors.org/cals ... urv183.pdf

[Civil Engineer]

I agree with both mpallamary and the well written article by Ann Hoppe. Yes.

I've never heard of a resolution of termination of maintenance. Terminating maintenance doesn't seem like it would relieve the agency of liability, and why wouldn't the agency resolve to abandon instead, cleaning everything up, like a quitclaim. If the agency maintained a street, don't both dedication and acceptance exist. What would be the purpose of formally resolving to terminate maintenance, and what would be the difference between just ceasing maintenance without formally resolving to terminate maintenance.

Oops...I'm carrying on and off topic.

[Warren Smith]

Civil,

The termination of maintenance would only come into play if there was a previous effort made in maintaining an undedicated roadway. It actually works as estoppel to a claim of implied dedication. Part of the Resolution is the direction to the Road Commissioner to place signs indicating the end of County maintained roadway - thereby placing the motoring public on notice.

In order to vacate a public road, it would have to be determined to have been dedicated and accepted. That process normally is more effort than the ultimate value. The termination of maintenance only happens in specific circumstances.