Re: City owned median

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On 3/06/08, Jim Hunt wrote:
> My homeowners association, in order to make the development
> more attractive,has maintained for the last 20 years a city
> owned median at the entrance to our property because the
> city would not. Irrigation systems were installed on the
> median by the developer and the association has paid all
> costs for repairs, landscaping maintaining the median. On
> each side of this median land is being commercially
> developed by private enterprise. The city has now informed
> us that we will need to take out the sprinkler system
> because the median does not belong to our association but
> since we have maintained it for 20 years we will still be
> require to maintain the landscape of the median. Do we have
> the right of Adverse Possession?

It is very rare that adverse possession will apply to
government owned land. You need to check your state's
adverse possession laws but I would be 99 per cent certain
that you can not acquire the median strip by adverse
possession from your local government.

The second issue is less well settled. It is not uncommon
for a city to require that a landowner maintain a small strip
of adjoining government land such as the area between a
sidewalk and the street. If you do not maintain it, the city
may do it and send you the bill.

Liability for the strip not owned but maintained by a private
party then becomes an issue. States are split on this
issue. Some hold that the private party is liable for
injuries on the government strip if it is negligently
maintained and some hold that the private party is only
responsible for the expense of maintaining it but not liable
in tort for any injury incurred on the strip of land.

It is very much a state issue so you need to follow what your
state law is on this issue.