Legal Question in Real Estate Law in California

Property maintence responsibility

Who is responsible to maintain real property between a fence and the sidewalk whereas the mailboxes for our street are located. A neighbor dug up many young trees and bushes in the area between his fence and the city sidewalk, the mailboxes are cemented in the ground on the same area. Now it is just weeds and dirt. Can he do this? I thought it was city/government owned due to the postal boxes located on said ground. When asked why he dug up trees he sid he didn't want them loosing their leaves and blowing into his yard and making a mess. So he killed the trees without notice to anyone. Thanks!


Asked on 8/24/05, 2:33 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Property maintence responsibility

It's impossible to say without reference to the deed description, a survey, plat or something of that sort; maybe even an assessor's parcel map would give an idea. The ownership and control of strips of land surrounding residential property are governed by deeds and recorded CC&Rs, not the presence of fences, sidewalks, driveways, trees, mailboxes, utility lines, or even streets. Any of these things could be on your property, a neighbor's property, the city's property, common area property controlled by an HOA, or the like.

You might ask your local postmaster about the USPS policy regarding location of mailboxes on your route. I think (but don't know for sure) that the USPS requires a contract with the builder-developer or homeowner before it will approve the proposed location of mailbozes, and that might be a tipoff as to whether it's city or private land. I doubt very much that the USPS or Federal Gov't. has any interest whatsoever except perhaps a contract for service and maintenance of the boxes.

If you have an HOA (Home Owners Association) or written and recorded CC&Rs (Covenants, Conditions and Restrictions) in your development, that would point to possible HOA or joint control of the strip, and would also give a clue where to inquire.

Looking at your deed and associated papers (your title insurance may have a map attached, for example) would be a good starting point. You might find that you have CC&Rs or HOA bylaws that refer to mailboxes and the area they're in.

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Answered on 8/24/05, 11:52 am


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