Logan v. Rose

Citations

• 88 Cal. 263
• 26 P. 106
• 1891 Cal. LEXIS 681

Syllabus

<p>Dedication of Streets — Map and Sales of Lots — Offer of Dedication. — The making of a map of a town by the owner of land, upon which blocks and streets are laid out, and the sale of lots with reference thereto, constitute an offer of dedication of the streets as delineated upon the map.</p> <p>Id. — Acceptance — Public User of Part.—The user by the public of part of the width of a street delineated upon the map, to the extent of eighty feet out of a proposed width of one hundred and fifty feet, constitutes an acceptance of the dedication, and makes it complete to the extent of the user.</p> <p>Id. — Revocation — Deed of Part — Lessening Width. — Where the public user of eighty feet of the width of the proposed street has continued for a long time prior to any attempt to revoke the offer of dedication, the owner of the land cannot by a subsequent deed of ninety feet in width of the street as originally proposed reduce its width to sixty feet.</p> <p>Id. — Dedication by Holder of Deed in Trust. — It cannot be objected that the dedication was made by the holder of a deed in trust who had no authority from the beneficial owner to make it, if both the trustee and the beneficial owner sold land with reference to it, and the street was accepted by the public by using it as a street and highway as against both of them.</p> <p>Id. —Presumption of Title. —If there is nothing on the face of a deed to indicate a trust capacity in the grantee, and no evidence is given as to the character of the trust, he must be presumed to have taken the fee-simple title to the land, and to have been authorized to dedicate a street.</p>