Legal Question in Real Estate Law in California

Who owns mature trees growing on the property line between a dedicated city right of way and the land abutting the right of way.

The city with the right of way (R/W)?

The owner of the land under the R/W?

The owner of the land abutting the R/W?


Asked on 3/24/13, 10:47 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I believe it depends in many cases upon the history of the public right-of-way, but there is a provision in the California codes, I think in the Streets and Highways Code, that gives ownership of the mature trees growing along a public street or highway to the public agency that owns and maintains the road. Sorry, that code isn't one I have in my library. However, I am certain that "my" trees growing in front of my house are really owned by Marin County, even though my property line technically extends all the way to the center line of the road! Kind of a surprising result, but it's handy to know that when a winter storm causes large limbs to fall into the road, the county has to come along and clean it up - and, I suppose, if there were an accident, the county would be liable. So, I think your first proposed answer is most likely to be correct in most cases.

Read more
Answered on 3/24/13, 1:38 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California