Legal Question in Real Estate Law in California

Re: county road right of way

No; there are other ways the county can obtain a right-of-way in addition to acquiring it by deed from a private owner.

First, the term "right of way" in highway or railroad parlance can mean either land owned in fee or an easement. The county road might be on an easement, which could be given by contract other than by deed, or it could even be a prescriptive easement.

A road that's been in place for many years would probably be deemed to exist by right of adverse possession.

Next, public roads and streets can be created by dedication, often by showing them on a subdivision map. Such maps are usually part of a public record (on file at the recorder's office), but recorded maps are not generally thought of as deeds. Dedications of streets and roads are usually accepted by passing an ordinance to that effect, which also creates a public record.

Finally, possession of a deed is not a prerequisite of ownership of land. Many land owners don't know where their deeds are, but that doesn't act to deprive them of ownership, nor is surrender of your previous deed a necessary or even usual step in selling your property. Tearing up or burning your deed, or giving it back to the seller, doesn't un-do the transfer of ownership brought about by the original execution and delivery of the deed. Once it is recorded, a deed isn't really much more than a historical curiosity.