Section 8353 Of Article 1. Effect On Property Rights From California Streets And Highways Code >> Division 9. >> Part 3. >> Chapter 6. >> Article 1.
8353
. (a) Except as provided in subdivision (b), the vacation of a
street or highway extinguishes all private easements therein claimed
by reason of the purchase of a lot by reference to a map or plat upon
which the street or highway is shown, other than a private easement
of ingress and egress to the lot from or to the street or highway.
(b) A private easement claimed by reason of the purchase of a lot
by reference to a map or plat upon which the street or highway is
shown is not extinguished pursuant to subdivision (a) if, within two
years after the date the vacation is complete, the claimant records a
verified notice that particularly describes the private easement
that is claimed in the office of the recorder of the county in which
the vacated street or highway is located.
(c) Nothing in this section shall be construed to create a private
easement, nor to extend a private easement now recognized by law,
nor to make the rights of the public in or to a street or highway
subordinate to a private easement. Nothing in this section affects
the right of the owner of property that was subject to the vacated
street or highway to commence an action to quiet title as against any
claim of a private easement of any type, whether before or after
recordation of a verified notice pursuant to this section.