California Surveyors Forums

Now that we are doing more subdivisions I have a question about easements.

If an easement of record is not shown on a newly recorded map is it then extinguished? Does it matter if the easement is a public easement such as a public utility easement or public drainage easement? By allowing the easement of record to not be shown on the map does that provide evidence that the City/County approved the extinguishment?

It would seem that this would not apply to private easements that were "missed" by the Title report and were mistakenly omitted.

Ken Wilson

If an easement of record is not shown on a newly recorded map is it then extinguished?

It could be, Ken. It could also be an omission. I would want to see the QuitClaim deed to confirm it is "gone". Where's the "paper trial" for the extinguishment?

Happy Holidays & Hopefully a Happy New Year.

Crazy Phil - Sonoma

In the State of California, all public easements belong to the people of the state, and can only be extinguished by a resolution of the legislature (city council, county BoS, etc). The can't be abandoned by non-use, or by the failure of agency personnel to enforce the public rights. Only a resolution by the proper authority can vacate the people's rights. There are a few exceptions (see City of Imperial Beach v. Algert), but they are very rare. Unless you have it in writing, public easements are valid until proven otherwise.

See section 66434(g)
Any public streets or public easements to be left in effect after the subdivision shall be adequately delineated on the map. The filing of the final map shall constitute abandonment of all public streets and public easements not shown on the map, provided that a written notation of each abandonment is listed by reference to the recording data or other official record creating these public streets or public easements and certified to on the map by the clerk of the legislative body or the designee of the legislative body approving the map. Before a public easement vested in another public entity may be abandoned pursuant to this section, that public entity shall receive notice of the proposed abandonment. No public easement vested in another public entity shall be abandoned pursuant to this section if that public entity objects to the proposed abandonment.

Edward M Reading wrote: Sun Dec 22, 2024 4:20 pm See section 66434(g)
...provided that a written notation of each abandonment is listed by reference to the recording data or other official record creating these public streets or public easements and certified to on the map by the clerk of the legislative body or the designee of the legislative body approving the map. ...

I agree with Ed Reading. Simply not showing the easement does not extinguish or abandon it. There has to be acknowledgement by the City Council or County Council they are abandoning the easement rights.

We also refer to the half rule i.e. 66499.20 1/2 which restates the same:

"...Any public streets or public easements to be left in effect after the resubdivision shall be adequately delineated on the map. After approval of the merger and resubdivision by the governing body or advisory agency the map shall be delivered to the county recorder. The filing of the map shall constitute legal merger and resubdivision of the land affected thereby, and shall also constitute abandonment of all public streets and public easements not shown on the map, provided that a written notation of each abandonment is listed by reference to the recording data creating these public streets or public easements, and certified to on the map by the clerk of the legislative body or the designee of the legislative body approving the map."

The one thing we check for is that the agency is the only holder of the rights being abandoned. We have seen the agency "abandon" the rights of another title interest. To fix it we have to track down the other interest holder and extinguish their rights within the the agency documents.

Hence "No public easement vested in another public entity shall be abandoned pursuant to this section if that public entity objects to the proposed abandonment."

Point of interest, the first law I worked on amending was the quarter and half rules under 66499.20. I have a copy of the original bill framed on my wall from 1993.

DWoolley

That is why we require written consent from the impacted public utilities before we process the abandonment.

Of course, now the statutes have been renumbered - 66599.20.1, 20.2, and 20.3 ...

Thank you all for this clarification. This happened on a map many years ago and it just came up again so I appreciate having the documentation.