Legal Question in Real Estate Law in California
If I have a Publicly dedicated road that's privately maintained via road maintenance agreement on title. The city's tree falls onto my home damaging it and my road, do I have to pay for the road repair their tree caused? If they repaved the east end of my road last year for those neighbors who don't have this agreement, why shouldn't I receive the same treatment regardless of the road maintenance agreement as I pay the same in taxes? Can I win in court?
1 Answer from Attorneys
It seems to me that if it is the city's tree, they are responsible for maintaining it and for the consequences of their failure to do so. If, however, the tree fall was an "act of God" and could not be blamed on the city's negligence, the legal result is far less certain. Also, I have encountered odd rural road agreements in California where the county (and perhaps cities as well) have accepted dedication of roads and the trees along them, but have specifically excluded responsibility for tree maintenance or tree-related accidents. Therefore, I'd discuss this with a knowledgeable city attorney before filing suit, and if the city attorney gives you a credible story as to why they aren't responsible, they're probably right.