Real Property Law

Cal. Real. Prop. Journal 2017, R.P. VOL. 35, NO. 3/4 and Fall 2017, P.L. Vol. 40, No. 4

Scher v. Burke—The Doctrine of Implied Dedication to a Public Use for Roadways and Recreational Use in California; Implications for Public Policy and Private Real Property Rights

Douglas W. Borchert

Douglas Borchert has been in the title insurance industry in a variety of capacities for over forty years. He is currently one of the California state underwriting counsels for the FNF group of title insurers in Walnut Creek.

I. INTRODUCTION

In June 2017, the California Supreme Court published its decision in Scher v. Burke,1 a long-awaited decision in which the Court concluded its analysis of the doctrine of implied dedication to public use that it had begun over four decades earlier in Gion v. City of Santa Cruz, Dietz v. King ("Gion").2

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