Scher v. BurkeAnnotate this Case
Defendants, owners of land along the two roads south of plaintiffs’ property, appealed from the portion of the trial court's judgment burdening their land and enjoining them from obstructing vehicular access. The trial court also found that plaintiffs had not established their right to an express, prescriptive, or equitable easement for access along the roads and across defendants’ properties. In the published portion of the opinion, the court held that Civil Code section 1009 bars all use of non-coastal private real property, not simply recreational use of such property, from ever ripening into an implied dedication to the public after the effective date of that statute. In this case, the trial court erred in considering evidence about use of the subject roads after March 4, 1972 to support its finding that the roads were impliedly dedicated to public use. Accordingly, the court reversed in part and affirmed in part.