Scher v. Burke

Post-1972 public use of non-coastal land for any purpose cannot ripen into a prescriptive easement or implied dedication of the property.  Under Civil Code 1009(b) no post-1972 public use of non-coastal land (more than 1,000 feet from the shore) can ripen into an implied dedication of the land or an easement in it.  This case holds that the statute applies not only to recreational use of private property but also to non-recreational use, such as for a roadway to access other property.  No public use of any sort or for any purpose can ripen into a prescriptive easement or implied dedication of the property.

California Supreme Court (Kruger, J.); June 15, 2017; 2017 WL 2589509

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