California Court of Appeal

In a dispute between landowners about the right to vehicular access over two roads in the unincorporated Topanga Canyon area of Los Angeles County, the trial court's judgment that the two roads had been dedicated as public streets, and that plaintiffs had an implied easement over the roads for access to their property is reversed where Civil Code section 1009 bars all use of non-coastal private real property, not simply recreational use of such property, from ever ripening into an implied dedication to the public after the effective date of that statute, and hence, the trial court erred in considering evidence about use of the subject roads after March 4, 1972 to support its finding that the roads were impliedly dedicated to public use.

Appellate Information

• Decided 09/11/2015
• Published 09/11/2015

Judges

• ALDRICH

Court

• California Court of Appeal

Counsel