Old Map Dedications

[LS_8750]

I've been through the experience of old dedications neither being accepted or rejected and it has been a fun ride...... Quiet title claims, shoulder shrugs, etc.

But here is a situation where the dedications on the old 1914 or so map were rejected, never to be later accepted, nor were the roads, alleys, etc. vacated....

And the AP maps show the roads, meaning the owners are not getting taxed on the roads, alleys, etc.

The City/County does not maintain the roads but will require an encroachment permit to construct in the ........ well.... non-accepted road/alley, etc.

The roads/alley exist. Who constructed them? Don't know yet.

Any advice for going along this journey?

[David Kendall]

My understanding is that some sort of de facto acceptance occurs once the roads are built and maintained, regardless of the paper shuffling. Your best bet is to start a conversation with public works or maybe they have a capable ROW agent that can assist with research. It is certainly worth a try, I have had some success in these negotiations with regard to building setbacks on unmaintained (private?) roads.

Essentially if the road is offered, built and maintained using public money then the formal acceptance is irrelevant. If the road was never built or is no longer maintained then you might have a claim for private ownership but it could be a long conversation.

The question is "Are you (agency) accepting the liability for maintaining this ROW?"

Usually the character and quality of the road construction is a good indicator. Most private owners do not build great roads and alleys (historically) or match the style of the adjacent public roads unless it is a fancy neighborhood

[RAM]

support want David said.

remember, APN maps don't show roads, APN maps delineate the location of property lines relative to other properties, as a general reference. Not to be used or relied upon for determining the location of the lines.

If you want a enlightening read, pull out the Streets and Highways code, and read your local county codes on roadways and the local assigned duties and ordinances adopted which exceed the S&H code.

[Patrick Tami]

Is the dedication for Public Improvement? If so you may want to look at California Code of Civil Procedure 771.010.

Pat

[Warren Smith]

Pat's reference is spot on. I have made use of it in testimony relating to a quiet title action where sufficient time had passed without a formal acceptance. If all four findings are made, an action can be initiated to clear the cloud on title per 771.020

[Mike Mueller]

Not sure if I understand how CCP 771.010 applies to the situation the OP mentioned

Here is that code:
771.010.
If a proposal is heretofore or hereafter made to dedicate real property for public improvement, there is a conclusive presumption that the proposed dedication was not accepted if all of the following conditions are satisfied:
(a) The proposal was made by filing a map only.
(b) No acceptance of the dedication was made and recorded within 25 years after the map was filed.
(c) The real property was not used for the purpose for which the dedication was proposed within 25 years after the map was filed.
(d) The real property was sold to a third person after the map was filed and used as if free of the dedication.

OP said the AP maps are showing the roads as fee title and not belonging to the adjacent land owners. Doesn't that make D an unsatisfied condition? I am quite interested in learning more about this, since that sort of situation has popped up a few times for me.

A story I have heard in Sonoma County was that there was some sort of Board of Supervisors item circa 1940's??? that said if the county was maintaining a road then the County was accepting/declaring it as some sort of public road. When I tried (halfheartedly) to track down that item, I found nothing, nor did the handful of more experienced County employee's I asked know anything about it.

Mikey Mueller, PLS 9076
Sonoma County

[LS_8750]

In my case CCP 771.010 (c) and (d) were not satisfied.

I am working with a paper culdesac.
I don't know when the road was cut and paved or by whom.
But I do know that building permits were issued with driveways and garages connecting to the culdesac road, once such case falling within the 25 year timespan per 771.010(c).

Thanks for the suggestion.

[Ian Wilson]

Get in contact with the Road Department and ask if any funds have been expended on that road within the last 5 years (no summary vacation possible if so). Any expenditure may create an "ownership" on the part of the local jurisdiction based on spending public funds.