Legal Question in Real Estate Law in California
Side walk Ownership
There are skateboarders everyday causing a ruckus outside my apartment on the sidewalk. The police say they cannot do anything about them because the side walk is public property. Is this true? Is the sidewalk directly in front not owned by the apartment building? is there anything I can do to have the skateboarders removed?
1 Answer from Attorneys
Re: Side walk Ownership
I think the arrnagements for sidewalks varies from city to city and from neighborhood to neighborhood, but a common arrangement is that the homeowner owns the fee title but that is subject to a perpetual easement for public sidewalk purposes. Thus, although you own the land the sidewalk occupies (in most cases), the public has a right to use the sidewalk for passage of pedestrians.
Other situations are possible, but most conceivable arrangements would not support police intervention.
This does not mean nothing can be done. I believe a number of cities have passed ordinances banning skateboarding on busy sidewalks or where it creates a danger or nuisance, and you could ask your city council to do the same. Then, the police could enforce the ordinance. It might also be possible to bring a private suit to have the skateboarding declared a public nuisance, or a private nuisance, depending upon how many tenants are affected by the ruckus.
See Civil Code sections 3479, 3480, 3481, 3491, 3493, 3494, and 3501.