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1 RiversideCA.gov
1 RiversideCA.gov
Presented by: the City Attorney’s Office
December 11, 2023
OVERVIEW OF LEGAL OWNERSHIP
ANALYSIS FOR SIDEWALKS & TREES
RiversideCA.gov
2 • When a claim is received, the CAO investigates claims in conjunction with the involved department to determine
if the claim should be paid.
Claims Process
Claim
Received
Claim
Investigated
• Involved department
gathers all relevant
facts & documents
• CAO evaluates all
applicable defenses
Claim is
Either
Paid or
Rejected
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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. The CAO is committed
to vigorously defending the City.
Property Ownership Is Crucial in
Analyzing Public Entity Liability
RiversideCA.gov
4 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.
What is Real Property?
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).
If adjacent property owner
owns the land in fee simple
where a tree is planted
They legally
own the tree
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5 Civil Code Section 829
Fee ownership: grants the
owner of land in fee
“The right to the surface and
to everything permanently
situated beneath or above it.”
Easement v. Fee Simple Ownership
Easement
Civil Code Section 801
Public right-of-way: easement
that grants limited use rights
to nonowners of the land.
• Easement is not legal
ownership.
• Easement is a limited right.
• Easement confers rights but
not necessarily duty.
Fee Simple
RiversideCA.gov
6 • The CAO researches
ownership on a case-by-case
basis.
• Ownership necessarily
includes duties. (e.g. car,
land, etc.)
• There is a presumption that
private property ownership
extends to the center of the
street.*
* See Civil Code section 831 and Jones v. Deeter (1984) 152 Cal.App.3d 798.
Who Owns the Tree or Sidewalk ?
It is a common
misconception that
the City owns all:
Sidewalks
Parkway Strips
Trees Along
Roads
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7 The Riverside Municipal Code:
Places the duty to maintain sidewalks,
parkways and trees therein on the adjacent
property owners.
– Requires property residents and owners to
maintain landscaping in the public right of
way in a non-dangerous condition*
– Requires property residents and owners to
maintain the sidewalk in the public right of
way in a non-dangerous condition**
*See RMC Sections 6.14.020 and 13.06.090
**See RMC Section 13.10.010
The RMC Imposes a Duty on
Adjacent Property Owners
RiversideCA.gov
8 “The property owner or person in
possession required by Section
13.10.010 to maintain and repair
the sidewalk and/or trail areas
shall owe a duty to members of
the public to keep and maintain
the sidewalk and/or trail areas in
a safe and nondangerous
condition...”
RMC 13.10.030 Liability for Injuries to Public
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9 Municipal Code
Section(s)ResponsibilityCity
• 12.40.130
• 12.92.040
Adjacent property owner and/or occupant duty to
maintain “trees, hedges, shrubs, and any other
growth” in the public right of way. “Duty to
Maintain and Repair Sidewalks and Curbs”.
San
Bernardino
• 12.20.030
• 12.20.040
• 12.30.010
Duty of adjacent property owners to maintain
street trees. “Duty of Property Owners to Maintain
Sidewalks” including parkways.
Beaumont
• 12.08.020
• 12.08.070
“abutting property owner…shall indemnify and
hold harmless the City [for dangerous conditions of
sidewalk]”
Yucaipa
• 12.12.120Duty of adjoining property owner to maintain public right of wayRedlands
How Does Riverside Compare To
Other Jurisdictions?
RiversideCA.gov
10 The CAO relies on PW to tell us if they City has any type of interest in property involved in litigation.
While PW can tell us what type of interest, if any, the City has in the property, the determination of who legally
owns is a legal conclusion that the lawyers will litigate in court.
Riverside Municipal Code provisions obligating adjoining property owners/residents to maintain sidewalks and
vegetation in the public right of way are similar to
surrounding City statutes.
The CAO greatly appreciates PW’s help and support in
defending the City against these types of claims.
Key Take-Aways
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11 Questions
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