Know the Rules: Encroachments on Diablo’s Roads

A neighbor puts up a new gate across a familiar Diablo lane. Can they do that? In unincorporated Contra Costa County, the answer depends on whether the road is public or private and whether work in the right of way was properly permitted. If you own, plan to buy, or hope to improve a property in Diablo, knowing the rules around encroachments will save you stress, time, and money. Here is how to spot issues early and move forward with confidence. Let’s dive in.

Why road status matters in Diablo

Diablo blends recorded plats, private club roads, and informal paths near Mount Diablo. That mix can make road status confusing. Road status affects who maintains the pavement, who may place gates or fences, and whether a permit is required for work near the edge of the road. If you plan to buy or make improvements, confirm status before you act.

What counts as an encroachment

An encroachment is any object, structure, or use that intrudes into a public right of way, recorded easement, or flood control area. Common examples include fences or walls, driveway aprons, gates, landscaping in the shoulder, and utility work. These activities often require a county encroachment or drainage permit. Start with the county’s guidance on Contra Costa Public Works permits to understand submittals, deposits, and inspections.

Public vs. private: how a road gets its status

In California, a road typically becomes public when a developer offers it for dedication on a recorded map and the county accepts that offer. Without acceptance, a road can remain private even if the public uses it. For a helpful overview of dedication and acceptance, see this plain‑English summary of the Subdivision Map Act.

Courts also look at implied acceptance. If a public agency clearly takes control, such as performing maintenance or placing official signs, that conduct can support acceptance. Recent cases emphasize that administrative recording alone is not enough; see the discussion of acceptance in the California Streets and Highways Code and the appellate decision in Shenson v. County of Contra Costa.

Quick myth busters

• A “private road” sign does not settle legal status. Recorded maps and acceptance do.
• Regular public use alone does not make a road public.
• County maintenance can be evidence of acceptance, but courts look for clear agency control.

When you need a permit in Contra Costa County

Many projects near the edge of a road require approval. Common triggers include:

• Replacing or widening a driveway apron, curb, gutter, or sidewalk.
• Installing fence posts, walls, gates, or mailbox clusters near the shoulder.
• Planting or removing trees in the right of way.
• Utility trenching or service connections.
• Any work in a drainage or flood control easement.

Before you start, review the county’s steps for encroachment and drainage permits. Expect submittals, deposits for review and inspection, and in some cases engineered plans.

Common dispute scenarios in Diablo

• Historic path blocked by a new fence or gate. Longtime users sometimes consider a prescriptive easement claim. In California, that requires proof of use that is open and notorious, continuous and uninterrupted, hostile to the owner, and under a claim of right for at least five years. See this discussion of the elements in a published appellate case on prescriptive easements.
• Disagreement over whether the county accepted a road. Review the recorded map for an offer of dedication, then search for a Board acceptance or clear evidence of county maintenance. The Subdivision Map Act summary explains the offer‑and‑acceptance framework in plain terms: how dedication works.
• Unpermitted fence, wall, or landscaping in the right of way. Contra Costa County can require removal and charge for corrective work. When in doubt, check the Public Works permit page.

How to check a road or path before you buy

1. Order a Preliminary Title Report. Review exceptions for recorded easements, offers of dedication, and road agreements.

2. Pull the recorded subdivision or parcel map. Look for streets labeled public or private and any offers of dedication. This is the core of the Subdivision Map Act’s process.

3. Use the Contra Costa Assessor’s tools as a starting point. The parcel viewer can help you locate parcels and layers. Try the county GIS via this public map portal, then confirm details in the Recorder’s office.

4. Ask the seller for CC&Rs, HOA rules, or any road maintenance agreements. These can impact access and upkeep obligations.

Doing work near the road? Steps to take

1. Identify property lines and any recorded easements. Your title report and map are key.

2. Call Public Works before you design. Ask if your plan touches a right of way, drainage channel, or flood control easement, and whether you need an encroachment or drainage permit. Start here: Contra Costa permit guidance.

3. Coordinate with your HOA or road association if the road is private. Get written approvals where required.

4. Keep records. Save permits, approvals, and inspection sign‑offs for future buyers.

Where to find records fast

• Recorder and Assessor: recorded maps, easements, and parcel data. Begin with the Assessor/GIS map portal and verify in recorded documents.
• Board of Supervisors: look for formal acceptances of roads into the county system.
• Courts: if a dispute goes to litigation, check Contra Costa Superior Court dockets. Learn where to look by reviewing the court overview for the Contra Costa County Superior Court.

Key takeaways for Diablo owners

• Recorded maps and county acceptance determine if a road is public or private.
• Most work near a road or drainage area requires a county permit.
• If a path is blocked, gather facts and records before you act; prescriptive rights are possible but require strict proof.
• Clear documentation today protects your resale tomorrow.

Ready to navigate next steps?

If you are buying or selling in Diablo, you deserve clear answers and a smooth plan. Our team helps you spot road and easement red flags early, coordinate with the right county contacts, and stage your next move with confidence. For thoughtful guidance tailored to Diablo, reach out to Debbi DiMaggio.

FAQs

What is an encroachment on a Diablo road?

• An encroachment is any structure or use that intrudes into a public right of way or recorded easement, such as a fence, gate, driveway apron, or utility work, and it often requires a county permit.

How can I tell if a Diablo road is public or private?

• Check the recorded map for an offer of dedication and search for county acceptance, then look for evidence of maintenance; the Subdivision Map Act overview explains the process.

Do I need a permit to replace my driveway apron in Diablo?

• Most work that touches the curb, gutter, sidewalk, or apron requires an encroachment permit; start with Contra Costa Public Works permits.

Can long‑term use create a right to pass on a private Diablo lane?

• Possibly; California recognizes prescriptive easements if use is open, notorious, continuous, hostile, and under a claim of right for at least five years, as discussed in this appellate case.

Who maintains a Diablo road that was dedicated but not accepted?

• If the county never accepted the dedication, the road often remains private and maintenance typically stays with private owners or associations; see the Streets and Highways Code acceptance discussion for context.

What should I do if a neighbor gates off a well‑used path in Diablo?

• Collect documents and photos of long‑term use, review title and maps for recorded rights, and consider legal options like prescriptive easement claims if warranted; court dockets are available through the Contra Costa County Superior Court.