Hanshaw

In Hanshaw v. Long Valley Road Assn. (July 31, 1997, C023486) a nonpublished opinion (Hanshaw I), we upheld a judgment awarding various property owners (collectively, Hanshaw) a private road easement south to Long Valley Road (the road); whether they could use the road itself was not adjudicated. Hanshaw then sued an association of the landholders along the road, defendant Long Valley Road Association (LVRA), alleging the road had become a public road by virtue of public use and dedication; he also alleged a prescriptive easement.

The trial court rejected the prescriptive easement theory, but found the road had become public, notwithstanding Nevada County’s refusal to accept an offer to dedicate the road pursuant to California’s Subdivision Map Act. (Gov. Code, § 66410 et seq. (the Act).) We agree with the trial court that a failure to complete a statutory dedication does not negate the possibility of a common law dedication. We conclude substantial evidence supports the trial court’s finding that such a dedication took place. We also conclude that Civil Code section 1009—which allows a landowner to open land for public recreational use without fear of an implied…