If a proposal is heretofore or hereafter made to dedicate real property for public improvement, there is a conclusive presumption that the proposed dedication was not accepted if all of the following conditions are satisfied:
§ 771.010.Presumption Proposed Dedication Not Accepted
Title 10. Actions In Particular Cases · Chapter 4.5. Special Actions and Proceedings to Clear Title · Article 2. Land Dedicated for Public Improvement · Enacted 1980 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 771.010 creates a conclusive presumption that a proposed dedication of land for public improvement was never accepted when the proposal was made only by filing a map, no acceptance was recorded within twenty-five years, the land went unused for the proposed purpose during that time, and it was later sold to and used by a third person as though unencumbered.
Full Text of § 771.010
(a) The proposal was made by filing a map only.
(b) No acceptance of the dedication was made and recorded within 25 years after the map was filed.
(c) The real property was not used for the purpose for which the dedication was proposed within 25 years after the map was filed.
(d) The real property was sold to a third person after the map was filed and used as if free of the dedication.
Plain-English Summary
Subdividers sometimes mark streets, parks, or other public spaces on a recorded map without ever following through — and without the public entity ever formally accepting the offer. Decades later, that unaccepted proposal can still show up as a cloud on title, even though no one on either side ever treated it as a real dedication.
Section 771.010 clears that cloud with a conclusive presumption, but only when four conditions line up: the dedication was proposed solely by filing a map, no acceptance was made and recorded within twenty-five years of that filing, the land was never used for the dedicated purpose during those twenty-five years, and the property was later sold to a third person who used it as though the dedication never existed. Meet all four, and the presumption that the dedication was never accepted cannot be rebutted.
Frequently Asked Questions
What has to be shown for the presumption in § 771.010 to apply?
Four things: the dedication was proposed by filing a map only, no acceptance was recorded within twenty-five years, the land wasn't used for the proposed purpose within those twenty-five years, and the property was later sold to and used by a third person as if free of the dedication.
Is this presumption conclusive or can it be rebutted?
It's conclusive — once the four conditions are satisfied, the presumption that the proposed dedication was not accepted cannot be challenged with contrary evidence.
What can a property owner do once this presumption applies?
Bring an action under § 771.020 to clear title of the proposed dedication and remove the resulting cloud.
Amendment History
Added by Stats. 1980, Ch. 44, Sec. 16.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: unaccepted dedication presumption californiamap dedication twenty five years california