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1 RiversideCA.gov
1 RiversideCA.gov
Presented by: the City Attorney’s Office
October 10, 2023
OVERVIEW OF LEGAL OWNERSHIP
ANALYSIS FOR SIDEWALKS & TREES
RiversideCA.gov
2 • When the City is served with a claim, the CAO
investigates in conjunction with the involved department to determine if the claim should be paid.
• The involved department gathers all facts and
documents that are relevant to the dispute while the
CAO evaluates all applicable defenses.
Claims Process
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3 • When Plaintiffs allege the City is responsible for personal injuries or property damage based on a theory of dangerous condition of public property, Plaintiffs have the burden to prove that the City owned (or controlled) the property that caused the harm. • Because there are several factors and statutory codes the Court uses to determine ownership, it requires a legal analysis. • If Plaintiffs do not meet their burden of proof, they cannot prevail on their claim against the City.
Why is the Property Ownership Crucial in
Analyzing Public Entity Liability?
RiversideCA.gov
4 • Pursuant to Civil Code Sections 657-660:
– Real Property is defined as
land and that which is permanently affixed thereto and/or not readily moveable therefrom(including trees and sidewalks). • As a result, the CAO evaluates who owns the land where trees are planted or on which sidewalks are located to
determine who legally owns a tree or sidewalk. If the
adjacent property owner owns the land in fee simple
where a tree is planted, they legally own the tree.
What is Real Property?
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5 • Civil Code Section 801
– An Easement or public right-of-way: grants use
rights in a particular parcel of land to nonowners of the land. So an easement does not mean legal ownership.
• Civil Code Section 829
– Fee ownership: grants the owner of land in fee
“the right to the surface and to everything permanently situated be neath or above it.”
• If land has not been conveyed in fee simple to the City, there is a presumption that the adjacent property owner owns his land to the center of the street. See Civil Code section 831 and Jones v. Deeter (1984) 152 Cal.App.3d 798.
Easement v. Fee Simple Ownership
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6 • The Riverside Municipal Code places the duty to maintain sidewalks, parkways and trees therein on the adjacent
property owners.
• RMC Sections 6.14.020 and 13.06.090 makes it unlawful for an adjacent property owner to allow overgrown vegetation or trees and imposes a duty on adjacent property owners to maintain all landscaping adjacent to their property in a non- dangerous condition (including watering, trimming and
installing root barriers).
• RMC Section 13.10.010 also requires adjacent property owners to maintain the sidewalk that is adjacent to their property in a safe condition.
The RMC Imposes a Duty on Adjacent
Property Owners
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4 RiversideCA.gov
7 • Even if the City voluntarily trims a trees or repairs a sidewalk that is legally owned by the adjacent property owner, Courts have held occasional maintenance does
not establish “control” for liability purposes.
– See Hamilton v. Gage Bowl, Inc. (1992) 6 Cal.App.4th 1706. Se ea l s o ,Low v. City of Sacramento (1970) 7 Cal.App.3d 826.
Occasional Maintenance of Area Does Not
Establish “Control” for Liability Purposes
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