California Dedication of Land to General Public Land with Plat Attached

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Multi-State
Control #:
US-0618BG
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Word; 
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Description

Dedication, in property law means donation of land or creation of an easement for public use. It may be expressed or implied. An express dedication of property to public use is made by a direct appropriation of it to such use. A dedication of property to public or pious uses may be implied or inferred from the acts of the owner. For example, permission to use a street without bar or impediment for a long time is evidence from which a dedication to the public may be inferred.

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FAQ

DRE public reports must be filed for proposed properties that contain five or more units/lots. Public reports are not required for subdivisions that are developed and operated by public agencies.

For the most part, the Subdivision Map Act requires tentative and final maps for subdivisions which create five or more parcels, five or more condominiums, a community apartment project containing five or more interests, or the conversion of a dwelling into a stock cooperative of five or more dwelling units.

A dedication is the conveyance of private land, either in fee simple or as an easement, for public use. The landowner can convey the property ing to dedication procedures defined by statute or as a common law dedication through deed or implied conduct.

Generally, the Public Report will disclose such information as: applicant's name, location and size of the subdivision, information on utilities, schools, taxes, management, maintenance and operational expenses, unusual easements, rights of way, set back requirements on vacant land offerings, restrictions or conditions ...

Public reports contain information of vital importance to prospective buyers including covenant, conditions and restrictions which govern the use of property, costs and assessments for maintaining homeowners' associations and common areas, and other material disclosures.

DRE public reports must be filed for proposed properties that contain five or more units/lots. Public reports are not required for subdivisions that are developed and operated by public agencies.

Although the public usually acquires land through condemnation or prescription, dedication for public use is a significant third alter- native. 2 Common-law dedication has two requirements: (1) intent of the landowner, and (2) public acceptance.

"In common law dedication of property to the public can be proved either by showing acquiescence of the owner in use of the land under circumstances that negate the idea that the use is under a licence or by establishing open and continuous use by the public for the prescriptive period.

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California Dedication of Land to General Public Land with Plat Attached