Legal Question in Real Estate Law in California

Use of right of way

I live on a narrow street without sidewalks in Walnut Creek, CA. I am told that the city's right of way extends 25 feet from the middle of the street (which puts it into the middle of my front yard).

I don't want people from the new condos on a nearby block parking on the area ''which should be sidewalk, but is just gravel'' in front of my house.

Do I have any say in how the right of way in front of my house gets used by other ordinary citizens? I'm told by the city that if I want to put in a sidewalk, I have to pay for it myself. If I have that responsibility, it seems like I should have some authority.


Asked on 6/01/06, 9:21 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Use of right of way

First, are you 100% sure you're within the city limits? I don't know myself, but I have a partner who used to live in WC and she says nearly all streets within the city limits either have city-installed sidewalks or plans to install them in the very near future. Because of the patchwork annexation patterns in Bay Area cities, one block may be in the city, while the next is still county jurisdiction.

Otherwise, I think you're looking at this from the wrong perspective. The city's street isn't intruding into your yard, "your" yard is intruding into the city's street.

A landowner abutting a street is not totally without rights with respect to the street, to be sure, but hey! If the City of Walnut Creek OWNS that 25-foot strip, they'll call most of the shots as to how it gets used, including the possibility that they may decide at some point to alleviate the "narrow" situation and pave it to four lanes width.

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Answered on 6/01/06, 10:26 pm


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