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Right of Way/Easement question
I was reading an old post named:
“Who owns the title and fee public right of ways in a housing tract in California?”
One of the strings under it stated the following:
Ownership to the center is so well settled in California law that any Superior Court Judge that reverses the presumption of ownership to the center of the road is risking a severe rebuke in the Appellate Court. It is universal that dimensions are a lower class of evidence than the physical monument itself, in this case the street.
My question is where in the California law or what case would cite where the ownership is to the center of the street. I live in the neighborhood of Ocean Beach/Point Loma Heights in San Diego, CA. The particular street/area in question (corner of Newport Ave. and Santa Barbara St.) was recorded either in 1900 or in 1907 as a Subdivision of Pueblo Lots (lots 195, 202, 203, and 1 other up the hill).
Of course I read through a lot of that post stated above and found that even though my plat map shows certain property boundaries, I should own to the center of the street. I’m looking to find out the information on the land between the sidewalk and the street, which is 10 feet wide. We water the lawn and the palm trees that were planted there not by the city, but planted back in 1909/1910 by Col. D.C. Collier, who was the ‘father’ of Ocean Beach. These palms are over 110 years old and are still healthy, but they want to cut them down. This is the reason for my question. Thank you.
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