Legal Question in Real Estate Law in California
cities trees/cities sidewalks
In a subdivision the city builds sidewalks and plants trees. These trees and sidewalks are owned by the city and we have no claim to them. The trees start to uproot the sidewalks and our driveways. The city sees this and says we have to remove their trees and repair their sidewalks out of our own pockets or we will be fined. Does the city have the legal right to do this or do we have legal rights to protect ourselves? In a simular case the city tried to get homeowners to pay for mistletoe removal out of their trees. Once it got to the local news stations the city changed their minds and withdrew any legal action.
2 Answers from Attorneys
Re: cities trees/cities sidewalks
The mistle toe was in city trees I assume. In your case I suspect the city is trying to force you maintain your land. I think you have a decent argument on the public policy front and/or the argument that they are creating, maintaining, or facilitating the nuisance. Tough case and you will need some upfront research to determine if they case can run.
Re: cities trees/cities sidewalks
I'd suggest looking for any CC&Rs in the original permits to build that subdivision that might create such a burden as part of the price the developers paid for the right to subdivide and build. Then, I'd check the ordinances for anything remotely connected. (Just because there's a law on the books doesn't mean it's constitutionally enforceable, especially if it were passed after the trees were planted or the houses were built.)
There's a very good chance someone at City Hall is eihter bluffing or is a complete idiot, but there is also a slim chance something enforceable exists which pins an obligation on the current owners. Turlock, right? Not the brightest pennies in the piggybank.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
