San Mateo-Foster City Real Estate News

Real Estate San Mateo Foster City Hillsborough and Burlingame

Who Owns The Tree in Your Front Yard? You or the City and Why Does It Matter?

Who owns that tree in front of your house?   You know, the one between the sidewalk and the street.  The one with beautiful shade in theBurlingame sidewalk summer.  The one pushing up the sidewalk in front of your house.   Do you own it or does the city?  After all, didn't the city originally plant the tree years ago?  Guess what!  It doesn't matter.  It's your problem and if the city decides that the sidewalk in front of your house is a trip zone, be prepared for the bill from the city to replace the sidewalk.  And, when the bill comes.  Pay it or it will go onto your tax bill next year. 

I was surprised to learn that the State of California has a streets and highways program that places the burden of ownership on the homeowner who has the tree in front of their house.  It matters not whether you planted it or the city planted it, it's your problem if the tree buckles the sidewalk causing a tripping hazard. 

In Burlingame, where this is a huge issue, the city inspects every street annually and notifies homeowners of problems.  Of course, the homeowner probably already knows about the problem since it's in front of their house, but until the bill to repair the sidewalk arrives, the homeowner likely didn't know it was their problem to repair.  The usual cost for repair runs around $600.

Believe it or not, your tree is located on what is called " the city right of way" and the California Streets and Highway Code says this land really belongs to the city and the street.  You water it, you mow if there's grass on it, and you take care of it, but it isn't your land, it's the city's. 

This issue is the same for many other San Mateo County cities including Millbrae, Foster City, Belmont and San Carlos.  Don't throw the bill away should one come because the city means business and if you don't repair the sidewalk they will and  you will see the bill on your next tax bill. 



http://www.wilkasgroup.com/00571A
Posted on August 04, 2007 19:16:50 by Lenore Wilkas

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