In Mellinger v. Ticor Title Ins. Co. of California (2001) 93 Cal.App.4th 691, a city street encroached on property purchased by the plaintiff, representing a possible third party interest in the land on a theory of implied dedication of private property. (Id. at p. 697.) The defendant issued an ALTA title insurance policy. The court held that the encroachment was neither so trivial nor so substantial as to present a question of law. (Ibid.)