Griffiths v. Galindo

Citations

• 86 Cal. 192
• 24 P. 1025
• 1890 Cal. LEXIS 1001

Syllabus

<p>Dedication oe Street — Intention. — The question of the dedication of a street is one cf intention, to be determined by the acts of the owner.</p> <p>Id. — Offer of Dedication—Survey — Sales of Lots with Reference to Streets — Record of Map after Sale and before Deed. —When the owner of a tract of land has it surveyed and laid off into lots and streets, which are designated on a map, with reference to which sales of lots are made at auction, running to the centers of the streets designated on the map, and which are designated in the deeds as streets, the deeds referring to the map, which is placed on record after the sale and before the conveyances, there is a complete offer of dedication of the streets by the owner of the land.</p> <p>Id. — Deeds to Centers of Streets — Easement of Highway — Withdrawal of Offer. — The conveyances of the lots by number as designated on the map, and referring to the map and survey on record, though the lots are described by metes and bounds in the conveyances as extending to the centers of the streets, only convey the legal title to one half of the streets, subject to the right of the public to use them as a highway; and the conveyances do not operate as a withdrawal of the offer of dedication by the owner of the land.</p> <p>Id. — Acceptance by Public — Order Opening Street — Removal of Obstructions by Road Overseer— Trespass. —There being no act shown on the part of the owner of the land withdrawing the offer of dedication, the public authorities may accept the offer by entering an order designating any one of the streets as a public highway, and ordering it to be opened and obstructions removed; and when the road overseer in complying with such order removes a fence erected along the center of such street by a lot-owner, he is not liable to the lot-owner as a trespasser.</p>