Schmitt v. City of San Francisco

Citations

• 100 Cal. 302
• 34 P. 961
• 1893 Cal. LEXIS 787

Syllabus

<p>Dedication of Street—Revocation—Estoppel in Pais.—Where the dedication of a street or part of a street has not been accepted, or the property used by the public, it is purely a question of estoppel in pais whether it can be revoked or not. If no one has acted upon the offer in such a mode as to be injured by the revocation the owner may revoke the dedication, even though it be an actual dedication, and not a mere offer.</p> <p>Id.—Cul de Sac Upon Map of Unimproved Block—Conveyance of Whole Block.—Where a cul de sac has been marked upon a recorded map of a tract surveyed into streets, blocks, and lots, and such cul de sac was established in a block which was entirely unimproved, the owner of the tract had a right to revoke the dedication or offer to dedicate the cul de sac, and a conveyance of the entire block accompanying it by a description making no reference to the cul de sac, or to any alleged street, amounts to a revocation, if the purchaser had no notice of any fact which would have estopped the grantor from revoking.</p> <p>Id.—Effect of Subsequent Maps.—Maps made for the city subsequent to the revocation of the dedication cannot conclude the purchaser of the land or any one claiming under him, the land having become private property before such maps were made.</p>