Legal Question in Real Estate Law in California
neighbor's damage to trees in city right of way
The neighbor below me stripped several large redwood trees that stand in a dedicated city street that runs between my house and my neighbor's property. The city street/public right-of-way is an undeveloped wooded strip of land about 15 feet wide running the length of my yard and provides privacy to me from this neighbor below and a woodland setting to my home. The city never paved this road as it is too steep and because it has several heritage redwoods on it. The view from my home is now severely compromised and I have no privacy. The value of my property is also diminished as he buthered them. I know under ccp 733 and cc 3346 I have a right to recover damages to the trees on my property he damaged, but what rights do I have to enjoy the trees on this strip of land? Can I cite any cases to the small claims judge? Section 733 seems to apply only to rights I have to my trees and differentiates between the rights the city would have to trees on their land. I want damages for the injury to the trees on the city land which i feel i have a right to enjoy unfettered by anyone but the city. Also, can I bring my own action because his cutting violated the city's heritage tree ordinance?
1 Answer from Attorneys
Re: neighbor's damage to trees in city right of way
This is an interesting question or set of questions. Let me give you a couple of thoughts 'off the top of my head' without doing any research, and suggest that you call or e-mail me if you want to pursue the question further with me.
First, California requires that all lawsuits be brought in the name of the 'real party in interest;' others lack standing to sue. The purpose is to prevent a multiplicity of actions.
The 'real party in interest' is probably the city, since they own the trees in question.
Whether you can nonetheless initiate a suit may depend upon whether it fits an exception. Two that come to mind are (1) some statutes for the public welfare provide (explicitly or by inference) for a private right of action, a so-called 'private attorney-general' provision; and (2) sometimes private individuals can maintain suits for public nuisance if they are more severely impacted by the nuisance than other members of the public. There are a few other exceptions including derivative actions.
Have you discussed the matter with the city attorney (if it is an incorporated city) to determine his/her position?
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