Public easement that runs with only half of a privately owned sidewalk in California

Condominiums 2 views 1 answers
I live in an old part of LA. My condo building was built in 1911; an adjacent building was built in the early 1900s too. I noticed that the two buildings' condo plans are different with respect to their easements dedicated to the City. For my building's condo plan, the easement runs from the building all the way to the center of the street. But for my neighboring building's condo plan, the easement is only 5' wide, and runs from the sidewalk curb toward the center of the sidewalk. (The sidewalk is 17' wide, so the easement doesn't even reach the center!) In other words, there's a 12' portion of what an ordinary person would consider the public sidewalk that appears to be privately owned property. What effect, practically or theoretically, does that have for loitering or trespassing

Attorney Answer

1
Richard Rodgers ·
Loitering is a ciminal matter and you would have to cal the LAPD on that one. Trespassing is more than problematic here - an oridnary person would presume that the sidewalk is public property and not subject to a charge of trespassing. Thus, for starters, the property owner you would have to post a private property sign in a conspicuous place, much like shopping center owners do in order to preserve their private property rights. Practically speaking, you have no viable case because the lack of posting or blocking the sidewalk for a hundred years means the sidewalk use has ripened into a prescriptive public easement. Richard A. Rodgers, Esq. (805) 230-2525 200 N. Westlake Blvd. Ste 201 Westlake Village, CA 91362 [email protected] www.sdresq.com
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