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§ 771.020.Action to Clear Title If Proposed Dedication Presumed 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 771.020 authorizes an action, brought under Chapter 4's quiet title procedure and naming the public entity as defendant, to clear title of a proposed public-improvement dedication once the conclusive presumption under § 771.010 applies, with judgment removing the resulting cloud.

Full Text of § 771.020

Text sizeJump to: (a) (b)

(a) An action is authorized to clear title to real property of a proposal to dedicate the property for public improvement if there is a conclusive presumption pursuant to Section 771.010 that the proposed dedication was not accepted.
(b) The action shall be pursuant to Chapter 4 (commencing with Section 760.010) and shall have the following features:
(1) The public entity to which the dedication was proposed shall be named as defendant.
(2) The judgment in the action shall clear the title of the proposed dedication and remove the cloud created by the proposed dedication.

Plain-English Summary

Establishing the presumption under § 771.010 is only half the job — this section supplies the mechanism to clear the title. Once the presumption applies, § 771.020(a) authorizes an action to remove the cloud the unaccepted dedication left on the record.

Rather than creating a wholly separate procedure, subdivision (b) routes the action through Chapter 4's general quiet title framework, starting at § 760.010. Two features are specific to this context: the public entity to which the dedication was proposed has to be named as a defendant, and the resulting judgment clears title of the proposed dedication and removes the cloud it created.

That combination — a narrow substantive presumption paired with the general quiet title machinery — is typical of this chapter. The presumption in § 771.010 does the real work of resolving the underlying dispute; § 771.020 channels that resolved fact into the existing quiet title procedure rather than reinventing it.

Frequently Asked Questions

What procedure governs an action under § 771.020?

Chapter 4's quiet title procedure, commencing with § 760.010, with two added features specific to this context.

Who must be named as a defendant in this action?

The public entity to which the dedication was proposed.

What does the judgment in this action accomplish?

It clears the title of the proposed dedication and removes the cloud that dedication created.

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: action to clear unaccepted dedication californiaquiet title map dedication california