§ 3.4 - Offer to Dedicate-Common-Law Dedication

• Jurisdiction: Washington

§3.4 OFFER TO DEDICATE—COMMON-LAW DEDICATION

A common-law dedication may be either express or implied. Richardson v. Cox, 108 Wn. App. 881, 890-91, 26 P.3d 970 (2001), review denied, 146 Wn.2d 1020 (2002); 11A Eugene McQuillin, The Law of Municipal Corporations § 33.3 (3d ed. 2009).

(1) Express dedications

An express common-law dedication is an appropriation formally declared and with the intent being manifested orally or through written words. 11A McQuillin, §33.03. One example of an express common-law dedication is a common-law dedication resulting from a defective statutory dedication. See §3.3(6), above.

A conveyance by deed also may result in a common-law dedication. A deed containing an express grant operates as evidence of the owner's intent to dedicate property to public use. Because the deed in this context is evidence of intent rather than evidence of a legal conveyance, a deed dedicating land to the public need not have all of the formal requisites of a deed of conveyance of real property between private persons. See, e.g., Horton v. Okanogan Cnty., 98 Wash. 626, 631, 168 P. 479 (1917).

(2) Implied...