Legal Question in Real Estate Law in California

This is a very complex land issue. We recently purchased a home in Calif. Our deed clearly shows my property boundaries but the City is claiming 20 X 93 feet to the North and in 2007 has landscaped a dog walkway park bench area on this 20 feet. The City has taken the property b/c it was a street or alley that was dedicated for public purposes in 1925. The City took the land in 2007. Since this property was vested to the owner, now us, can a City just take your property and not compensate you for it? The previous owner paid taxes on this land. We are now paying taxes on all the land. First Am Title Co says it is on our deed correctly, but the policy does not cover "dedications," so they will not help us. The County Assessor's office says they will not lower our taxes until the City files a proper easement and our Deed reflects this. The City does not feel they need to file an easement. Any suggestions on what we should do?


Asked on 10/17/11, 9:45 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Dedication of land for public purposes does not transfer fee ownership to the governmental entity, nor does it create an easement. Dedicated lpublic-purpose and is a category "sui generis" that has its own rules, and as far as I can tell from your post, the city, county assessor, and the title company are correct, but probably not explaining the concept very well. My hunch is that you are stuck with the situation, but maybe you should find a local attorney who is very familiar with public-use dedications. As an example, my house is on a lot that is bounded on two sides by county roads. The property line is the center of the roads, and I lose the use of the parts covered by asphalt, by the ditches, and even the row of trees, which the county owns and maintains by virtue of the dedication -- which comes in real handy when there is a storm and one of them falls across the road -- it's the county's tree!

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Answered on 10/17/11, 10:16 am


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