Legal Question in Real Estate Law in California

Re: Allies

I can't say you have no problem.

First, I don't know what city you're in, so I don't know if there is any local ordinance or regulation governing the alley, and I can't verify the ownership of the alley.

Assuming it is city owned, and that the falling leaves affect only the alley and not the apartment property, the apartment owner does not seem to have any right to sue you....suit must be brought in the name of the real party in interest which seems to be the city here.

Could the city require you to sweep leaves from your trees out of its alley? Probably. Here are the legal principles involved. Leaves falling from your trees onto a neighbor's property are a trespass and possibly a private nuisance if the leaves are a consequence of some act or omission by you. If you planted the trees or if they are under your care, you might be held liable for the spread of their leaves onto neighboring property. On the other hand, if the trees were naturally growing in a rural area, your involvement as land owner would be so slight and remote there would be no trespass.

There are very few reported cases on tree leaves. The two I found date back to the 19th Century and support the theory that while blowing leaves are technically a trespass when a result of human activity, the courts will require a plaintiff to show significant actual harm before ordering the tree owner to take any steps.

So the bottom line is that in a theoretical sense you may be responsible, the city seems to be the proper complaining party and the courts are unlikely to give a suit over matters like this much encouragement.