Hayward v. Manzer

Citations

• 70 Cal. 476
• 13 P. 141
• 1886 Cal. LEXIS 824

Syllabus

<p>■Dedication—Filing and Recording Map—Acceptance by Public.— The filing and recording of a map of a tract of land, certain portions of which are delineated thereon as public streets, is a mere offer of dedication to the public of the streets, which does not become effectual as an irrevocable dedication until its acceptance by the public. Such an acceptance is ordinarily made manifest by a use on the part of the public for such a length of time as will be sufficient to evince its acceptance of the dedication as intended to be made.</p> <p>Id. —Dedication op Street—Non-acoeptance for Twenty Years. —The owner of a tract of land caused a map thereof to be made and recorded, on which the locus in quo was delineated as a public street. About one year afterwards, he conveyed a portion of the land, including the locus in quo, to the plaintiff, who immediately entered into the exclusive possession thereof, and so remained for a period of twenty years, claiming the same adversely to the whole world. During this time, the locus in quo had never been accepted or used by the public as a street. Held, that the land had never been dedicated as a public street.</p>