City of San Francisco v. Calderwood

Citations

• 31 Cal. 585

Syllabus

<p>Dedication of Easement.—The passage of an ordinance by the Common Council of a-city, setting apart and dedicating a portion of the waterfront in its harbor for public uso as a free public dock for skips, is a mere offer to dedicate, and the dedication is not complete, nor does the public acquire any right to the easement, until it has been accepted and used by the public in the maimer intended.</p> <p>Idem.—Such offer to dedicate cannot be accepted by the public in advance of the time of making the offer.</p> <p>Basement not an Estate in Land.—The dedication of a portion of the waterfront of a city, in its harbor, for public use as a free public dock for ships, gives the public only an easement, and not any estate in the land; and the right to enter upon and possess the space dedicated, subject to the easement, remains in the grantor of the same.</p> <p>Idem.—The grantee of an easement has no right of entry upon, nor has he any right to possess the land as such. The fee of the soil and right of entry remain in the grantor subject to the easement.</p> <p>Basement.—The grant to the public of a right to the use of a portion of the waterfront of a city for a free public dock for ships, is the grant of an easement.</p> <p>Rents of Land on which Easement is Imposed.—The owner of an easement is not entitled by reason of such ownership to a participation in the rents and profits arising from the land on which the easement is imposed.</p> <p>Different Easements.—There is no distinction between an easement upon land covered with water and one upon land not so covered.</p> <p>Limitations—Land Subject to Easement.—The fact that an easement- has been created upon land, or that an offer of an casement has been made, but not accepted, does not prevent the Statute of Limitations from being set in motion and running in favor of one who enters upon and claims the soil upon which the easement has been imposed adversely to the grantor of the easement.</p>