Who owns sidewalks in massachusetts. Who owns the strip of land between the sidewalk and the street? Sometimes called the verge or the tree lawn. The road on my side of the How can a Municipality place an easement on dedicated streets, parkways and sidewalks? Who legally owns the private right of way? Property maps have clear dimensions that show I own 6" after the public sidewalk starts. I was working on my porch and asked her Apr 14, 2020 · Is a sidewalk a public way? The answer is, it depends on if and how the sidewalk is connected to a public way. This blog also gives examples for the scenarios so you can apply the one that fits your situation the best. But amidst the hustle and bustle, a question has plagued the minds of New Yorkers for centuries: who actually owns those slabs of gray that we so casually Mar 17, 2025 · Sidewalk maintenance is a concern for property owners and pedestrians, particularly when cracks, uneven surfaces, or other hazards create safety risks. Feb 17, 2021 · Landlords are required by the Massachusetts State Sanitary Code regulation 410. Jul 28, 2010 · High Court Overrules 100 Years of Massachusetts Snow Removal Law In a much anticipated ruling, the Massachusetts Supreme Judicial Court overruled 125 years of legal precedent and announced a new rule of law that all Massachusetts property owners can be held legally responsible for failing to remove snow and ice from their property. 2023 Massachusetts General Laws Part I - Administration of the Government Title XIV - Public Ways and Works Chapter 83 - Sewers, Drains and Sidewalks Section 25 - Establishment of Sidewalks Mar 20, 2025 · Sidewalks are more than just paths for pedestrians. Although these sidewalks actually belong to the city (or county, or other governmental entity) which owns the land on which they sit, owners of We would like to show you a description here but the site won’t allow us. Jan 29, 2024 · Discover who owns the grass between the sidewalk and the street and get landscaping ideas to enhance this area. The Massachusetts General Laws do not assign these duties at the state level, leaving cities and towns to establish their own regulations. Photo by Asher Isbrücker/Flickr. We would like to show you a description here but the site won’t allow us. With snow often comes ice, and to state the obvious – ice is slippery. Jul 7, 2022 · Who owns the sidewalk in NYC? NYC relies on property owners to maintain the sidewalk adjacent to their property, including repairs and removal of snow, ice, or debris. Who owns the sidewalks in residential streets? (indulge a Canadian) We've lived in Brooklyn for a few months now, relocating from Canada. We have seen too many people needlessly hurt on dangerous sidewalks simply because the property owner didn’t care enough to pick up the phone and report the danger to the city, or shovel and salt the sidewalk in winter. This goes through the Parks Department. The aldermen of a city or the selectmen or road commissioners of a town may, if in their judgment the public convenience so requires, establish sidewalks in the public ways thereof and determine the grade of each such sidewalk and the materials with which it shall be constructed, and may order the reconstruction of existing sidewalks. US law permits city and town municipalities to make their own regulations and by-laws on this issue. You are in the wrong. Individual states or local governments are responsible for Jan 27, 2025 · Uneven sidewalks can pose significant hazards, leading to trip-and-fall accidents with injuries ranging from minor scrapes to severe fractures. Where the Sidewalk Ends Bookstore, Chatham. We’re so excited to move forward and finally plant trees! We will be on-site from late November through early December 2024, installing sidewalks, preparing the soil, and adding amendments like compost Nov 8, 2021 · Here are some simple rules that most municipals would like residence to follow when it comes to maintaining the area along the edge of the sidewalk, regardless of who owns the grass between the sidewalk and the curb. How To Report A Problem Thank you for paying attention to walking conditions in your community! Some municipalities in Massachusetts use online reporting systems to collect road/sidewalk condition concerns. Can I build a fence next to the sidewalk? Typically, a fence has to be Maintaining sidewalks and walkways around your home is an integral part of the normal upkeep process. With restaurants pivoting to outdoor dining, takeout orders skyrocketing, and home grocery delivery a new normal for millions of Americans, sidewalks and curbs have become increasingly unruly urban spaces. In some jurisdictions, the city is responsible for sidewalk repair. Mar 22, 2017 · Massachusetts contains thousands of private streets and ways; on and along those ways innumerable residents of this Commonwealth live. Jan 19, 2025 · Explore Massachusetts fence laws, covering construction criteria, dispute resolution, penalties, and property owner responsibilities. This post will cover sidewalks, street trees, and the areas near the outer edge of the right-of-way. As a property owner, it’s your responsibility to make sure that the sidewalks are safe and well maintained so as not to cause injury. Jul 15, 2025 · The question of who owns the sidewalk in front of a house involves a nuanced interplay of property rights, public access, and local law. Here are some of those questions, with answers, based on Massachusetts law. (I headed a movement to get my block in Manhattan planted with trees, so I have first-hand knowledge of the in's and out's - not trying Aug 28, 2015 · “Who owns or controls the sidewalk, not who uses it, is the key distinguishing point between a public and private sidewalk. Many gardeners take pride in their lawn and thus wish to extend this appearance to the curb. Mar 31, 2021 · Specifically, the court stated that whether the complaint adequately alleged negligence turned on whether the defendant had a duty to maintain the sidewalk. For example, sidewalks that are beside a road that is a public way are considered part of it. Being as sensitive as I am it upset me a great deal. Locating the With the first day of winter upon us, Massachusetts and the rest of the Northeast will likely be in for its fair share of snow and cold weather. Tree roots sometimes grow under the sidewalks, causing uneven pavement that can create trip-and-fall hazards. No one is allowed to illegally paint the sidewalk, curb or roadway to discourage parking, even if there is an existing driveway, garage, parking pad etc. In gated or private communities, however, that area would belong to the property owner. The answer depends in part on where the sidewalk is located and in part on how it is unsafe. Mar 4, 2024 · The Street and Sidewalk Maintenance Division maintains 125 miles of streets, over 200 miles of sidewalks, and more than 5,000 curb ramps. Question: If a tree trunk is wholly on Alan’s property, who owns the tree? Answer: AlanContinue reading Frequently Asked Questions Jun 22, 2025 · Confused about the difference between a right of way and an easement? Learn how these property rights affect access, ownership, and real estate disputes in California. If that were the case, my property dimensions would go . 111 votes, 60 comments. Spring 2023 – Fall 2024 Over the past year, we’ve worked with the project team MyRWA and MAPC to finalize the designs and secure funding for the construction of Main Street Meadow. For safety, I have my kids walk in the open 12' area of his property for Dec 18, 2021 · “Who owns the land between the sidewalk and street?” is often asked by many homeowners. Free and open company data on Massachusetts (US) company WHERE THE SIDEWALK ENDS, LLC (company number 113744437), 432 MAIN ST. Delve into the distinctions between public and private pavements, their maintenance responsibilities, and accessibility challenges. This is generally a given number of feet in either direction from the centerline of the street. Improvement and repairs of alleys and sidewalks; construction of sewers and sidewalks. The guy who owns the junk yard goes to the casino nearby every Sunday to get drunk and play black jack. Here’s a quick overview: You must clear sidewalks in front of your Dec 8, 2024 · Who owns sidewalks in Los Angeles? Los Angeles, the city owns the sidewalks, and after a large lawsuit, it created the Safe Sidewalk LA Program to allow property owners to fix their sidewalks more promptly. If your property is a corner lot or surrounded by streets, you may not be responsible If a sidewalk needs to have cracks repaired or if there is extensive tree root damage, the entity or person who owns the sidewalk must cover the costs. Discusses situations such as overhanging branches, fallen trees, and liability for leaves and sap. Before cars, roads used to be sidewalks. Jan 22, 2025 · Property owners are generally responsible for maintaining sidewalks adjacent to their properties, keeping them free from hazards like snow, ice, and debris. Jun 19, 2025 · Many homeowners are surprised by the legal distinctions surrounding the sidewalk in front of their property. HOWEVER Your dog's urine and feces damages the soil and/or kills whatever is planted there. Aug 14, 2025 · This extension usually contains sidewalks, publicly-owned trees and major utility runs. Aug 27, 2013 · My kids walk to school. It's a guide by city and town that answers whether or not homeowners and businesses are responsible for clearing the sidewalks bordering their property, as well as what responsibilities municipalities have when a snowstorm hits. I cannot tell you the number of times I've had homeowners go out of their way to tell me off for my dog pooping in front of their home. Dec 20, 2018 · § 9–401. While sidewalks are an essential part of public space in cities everywhere, how local governments finance, develop, and maintain sidewalks depends on the local context. But who owns these sidewalks? Are they public property, or do they belong to private entities? Understanding the legal and social implications of sidewalk ownership is essential for property owners, city planners, and pedestrians alike. , CHATHAM, MA, 02633 Infrastructure Defacing City Property The sidewalks, curbs and roadways are owned by the City of New York. A tree lawn is a grassy area between the curb and the sidewalk that is usually planted with trees, grass, and other landscaping. It’s that hard stuff you walk on while dreaming about the perfect lawn. In many places, city-owned sidewalks run alongside residential and commercial properties. See website for hours. Mar 13, 2018 · The website for the Commonwealth of Massachusetts has a map that tells you who is supposed to shovel each sidewalk based on the rules in your town. why must I shovel my sidewalk if the city owns the sidewalk. Definition of Pavement Pavement refers to the durable surface often used on roads, sidewalks, and driveways. Who is Liable for an Unsafe Sidewalk? If you’ve been injured on an unsafe sidewalk, you may be unsure who is liable for your medical expenses and other damages. Uncover the historical evolution of pavement Aug 14, 2024 · Massachusetts Snow Removal Law: Top 5 Compliance Tips 2024 Understanding Massachusetts Snow Removal Regulations Massachusetts snow removal law is essential for anyone owning property in the state. Here, the by-laws of the homeowners association spell out the association’s duty to manage and maintain the community’s common areas, including sidewalks,” Justice Barry Albin explained. This means they are accessible to the public, but the responsibility for maintenance often falls on the homeowner. While easements can coexist peacefully with property ownership, they also frequently give rise to disputes. Aug 10, 2024 · Navigating the maze of responsibility for the upkeep of streets, sidewalks, and alleyways can be a daunting task for homeowners and municipalities alike. In a subsequent post (Part 3), I will cover utilities, franchises, and right-of-way use permits. 2023 Massachusetts General Laws Part I - Administration of the Government Title XIV - Public Ways and Works Chapter 85 - Regulations and By-Laws Relative to Ways and Bridges Section 4 - Construction of Sidewalks by Adjoining Landowners Nov 7, 2017 · In my prior blog post, I discussed right-of-way fundamentals and the use of rights-of-way for travel. However, in the by-law you included, it states that the property owner is responsible for both the construction and maintenance of the driveway so it sounds like your landlord is on the hook. The city (be it Fall River, Dartmouth, Seekonk, Swansea, New Bedford, etc. Making things trickier, each municipality also has its own rules about who is responsible for maintaining sidewalks and trees. Maintenance and repair of these public spaces often fall into a gray area, leading to questions about who should bear the burden of ensuring their proper condition. Dec 9, 2012 · Until recently, private property owners in San Francisco were responsible for sidewalk maintenance when it involved street trees. What exactly are the different parts of a sidewalk? The sidewalk, parkway strip, and curb are all part of the parkway. The Legal Status of Public Sidewalks In nearly all instances, the sidewalk in front of a house In California, who owns the sidewalks? Property owners are responsible for sidewalk repairs under California law, but a 1974 law makes the city responsible for tree roots-damaged sidewalks. (a) The Mayor of the District of Columbia is authorized and empowered, whenever in his judgment the public health, safety, or comfort require it, or whenever application shall be made therefor, accompanied by a deposit equal to one-half the estimated cost of the work, to improve and repair If you want to hold the owner of a road accountable, the first step is figuring out who actually owns a particular road. S. There are, of course, complications Jun 1, 2025 · Who Is Responsible for Sidewalk Repairs? Sidewalk ownership and maintenance responsibilities vary by city, but in most urban areas, property owners are responsible for keeping sidewalks adjacent to their buildings in safe condition. Who is Actually Responsible for Sidewalk Repair and Maintenance? As with so many other things, it depends on where you live. If you're having trouble settling a fence line dispute, consider contacting a local real estate attorney. Municipal Regulations New Jersey We would like to show you a description here but the site won’t allow us. I know that once you put your garbage out on the terrace, the city considers it This is a fresh look at some traditional and modern Massachusetts doctrines and laws about the various kinds of boundaries which real estate clients and their counsel deal with in titles, transactions, permitting, and litigation, but sliced differently on how they are determined, how they are subject to change, and how not to be surprised when they morph or move. And once trees are involved, what feels simple can quickly turn complicated. And a business owner near by decides to wash it all away the next day… who has the “right”? Jan 16, 2022 · When it comes to the public sidewalks in front of your house, things can get a little fuzzy. Mar 8, 2022 · Most people do not realize that in some cases the right of way can extend well beyond the sidewalk. com/@housenoteboomore Frequently asked questions about tree law in Massachusetts by Robert Nislick, 2015. Don’t leave grass clipping or plant cuttings in common area or on the sidewalk. There is a sharp curve in the roadway on their route to school. Aug 16, 2011 · The city owns, but the building owner approves the planting. Jun 21, 2005 · Generally speaking, sidewalks along public streets are constructed within the municipal right-of-way and are, therefore, public space. When the property owner chooses to ignore the dangerous conditions in the sidewalk, the system breaks down. Explore the intricate landscape of pavement ownership in this enlightening article. 452 to keep common areas and sidewalks free of snow and ice. Nov 20, 2014 · I believe all roads are city right-of-ways and anyone can use them, but does my property line go the middle of the road or the edge. Unless otherwise proven is with property maps with dimensions. Feb 13, 2022 · Regardless of who owns the property, if you live next to a sidewalk, you’re responsible for keeping it safe and free from damage. ) owns the sidewalk. County states I own out of the middle of the street, 831. Issues to consider when litigating a sidewalk case You must deal with many issues in taking on a sidewalk fall case, but first up is beating the inevitable summary judgment motion This chapter is primarily concerned with the first two sources; municipal ordinances are addressed in Chapter 3, and the ADA has been extensively addressed in other readily available resources. 🔔 Subscribe to the Channel: https://www. youtube. Jun 2, 2018 · I just got asked not to walk on a seemingly public sidewalk. So sorry. Nov 3, 2014 · Sidewalk ordinance 4355 of Ventura County imposes responsibility and liability of adjacent landowners to sidewalks for the maintenance of those sidewalks. Learn about the state's requirements for scooter operation, age restrictions, road rules, and local ordinances to ensure a legal and safe riding experience. You stated the city owns 10 feet on either side of the paved road which extends to the outside edge of the sidewalk. 23, 2022), available in draft at SSRN. Delivery drivers, diners, waitstaff Just like other parts of the community, HOA sidewalks need regular maintenance and repair. Click a city/town on the map below to find out if an online reporting system exists for your community. Whether you’re a homeowner or a commercial property manager, know your responsibilities to avoid fines and legal issues. Sarah SchindlerIn his forthcoming article, Sidewalk Government, Michael Pollack explores the nature and governance of sidewalks in the U. But just who is responsible for sidewalk maintenance? The homeowner or the city or county? This is a problem many homeowners ask about. Public Sidewalks Sidewalks can be either owned privately Apr 17, 2024 · NYC sidewalks: who fixes them? This guide unravels sidewalk ownership for homeowners & businesses in NYC. Q&A for a blog written by an attorney with different scenarios involving neighbors and their trees. Generally speaking, even though the sidewalks are owned by the municipality, most local codes require the abutting property owner to maintain the sidewalk, including keeping the sidewalk clear of obstruction, or, in the winter, snow, and ice. Apr 10, 2025 · Private Residents are responsible for all maintenance of the streets and sidewalks along the private way. However, this is Sep 9, 2015 · By Robert Nislick Massachusetts homeowners frequently have questions about the ownership of trees on their property and the right to cut overhanging branches from a neighbor’s tree. This blog delves into the concept of Nov 16, 2019 · Is the sidewalk part of my property? In smaller cities and suburbs—particularly in residential areas—sidewalks are still public property, but maintenance and upkeep are the responsibility of the adjacent homeowners. However, this is not always the case. Jun 18, 2021 · Have you ever wonder who owns the grass between the sidewalk and the street? I wanted to understand this better, so I did my research. I was walking my dog, and he pooped on the grass (actually snow right now) between the curb and the sidewalk. The Geographic Information System (GIS) is a useful tool. As of July 1, 2017, property owners are responsible for other types of sidewalk damage, but not that caused by street trees. Where I live, the city owns not only the terrace, but the sidewalk and about 6" of my lawn. Maintenance and repair of private sidewalks is generally the responsibility of the owner of the sidewalk. Is it the city's duty? The homeowner? Or perhaps a homeowners' association Do you own the pavement outside your house? Yes, it's true that sidewalks are actually “owned” by the city or town and not the homeowner. I would like to know how to find out who owns the apartments I was walking by and w Jul 28, 2010 · High Court Overrules 100 Years of Massachusetts Snow Removal Law In a much anticipated ruling, the Massachusetts Supreme Judicial Court overruled 125 years of legal precedent and announced a new rule of law that all Massachusetts property owners can be held legally responsible for failing to remove snow and ice from their property. I have a piece of property at the end of a road and the road technically tees. But here’s the catch: that property line belongs to both you and your neighbor. Find out who owns your sidewalk and why it is important. I will also Aug 11, 2021 · Who owns the sidewalks next to private property in California? In California, municipalities and counties usually own the sidewalks next to private property, but California state law long enacted states that the landowners are responsible for maintaining the sidewalk fronting their property in a safe and usable manner. Customer: I live in Somerville, Massachusetts. Ownership of sidewalks in NYC Unlike some cities in other states, in NYC, property owners are held responsible for “installing, repairing and maintaining sidewalks adjoining their properties,” explains the New York City Department of Transportation. Follow our blog posts at NogayLaw. It also examines how Massachusetts law determines which property owner is responsible for constructing and repairing a partition fence. While most of us have likely used a sidewalk to get from one place to another, we often don’t think about the many 2020 Massachusetts General Laws Part I - Administration of the Government Title XIV - Public Ways and Works Chapter 83 - Sewers, Drains and Sidewalks Section 25 - Establishment of Sidewalks Sidewalk Accident Liability: Homeowner v. If you have an alley behind your property, there may be some easement associated with that as well. Questions about who owns and maintains this area often lead to confusion among property owners and municipalities. - Voice of Experience. 2 days ago · No such sidewalk shall be dug up or obstructed without the consent of the board or officer having charge of the maintenance and repair of public ways in a city, or the selectmen or road commissioners in a town. Private v. However, the “statute pertains only to the question of ownership of the fee [in a private way]”; it does not govern use, maintenance, or other rights Aug 21, 2005 · As I understand the way it works, the city owns the right of way on which the street is built. This 78-page document provides a lengthy discussion of public & private ways in Massachusetts, including establishment and maintenance of ways, installation of utilities, easements, paper streets, discontinuance and subdivision control. Nov 5, 2020 · But as Covid-19 sweeps through our cities, the field of street design and policy feels newly relevant—especially in the realm of the sidewalk. If this happens to you and you are injured, what is your recourse? Read on to find out! Let’s Jun 13, 2025 · Who Owns the Sidewalk in Front of Your House? In most municipalities, sidewalks are considered public easements but are located on private property. Learn about property boundaries and maintenance tips. 6 days ago · Section 4: Construction of sidewalks by adjoining landowners Section 4. Seek alternative defecation spots. In the communities that I have worked for, the alley “right of way” was only the width of the pavement. Some areas require homeowners to split the cost of maintaining the grass between the sidewalk and the curb, but it varies. Jul 7, 2022 · Under Massachusetts common law in effect since 1860, property owners have no duty to repair or warn of hazards on an abutting public sidewalk. Feb 24, 2021 · Statutory exceptions: Snow removal from streets and sidewalks Temporary repair of streets Streets/sidewalks must be open to the public for public funds to be used for snow removal/repairs Drainage systems - improvements can be done within private ways under G. Party Responsible for Sidewalk Safety Responsibility for sidewalk maintenance often depends on local ordinances and property ownership Then, who owns the sidewalk in front of the house? This means that homeowners are responsible for snow and debris removal on sidewalks, as well as the financial responsibility for replacing any sidewalk when local authorities require it. Jul 6, 2025 · Discover the nuanced relationship between private property and public sidewalks, clarifying a homeowner’s specific rights and responsibilities. The court explained, though, that under Massachusetts law, private property owners have no duty to maintain a publicly owned sidewalk. The homeowner does have a responsibility to maintain the verge, with said by-laws also setting a standard of how this will be done. Here are some key questions that will help determine who may be responsible: Who owns the property? Generally, property owners are Aug 5, 2016 · Let’s take a look. It's a place where you can find everything from world-class pizza to a rat the size of a small dog. Easements are a common and often indispensable aspect of property law in Massachusetts. Sidewalks and Parking Strips: Who is Responsible for What? The topic of sidewalks can be a Nov 7, 2018 · Mike Nogay explains laws and ordinances governing the maintenance and repairs of sidewalks in the Ohio Valley. However, if the tree damage Jul 21, 2022 · Property owners and abutters with “shared driveways” need to know their rights of ownership vs rights of access under a “Driveway Easement” Understanding Pavement Ownership Pavement ownership can get as murky as a mud puddle on a rainy day. We know that the Derelict Fee Statute operates to resolve ownership questions regarding these private ways. New York State law touches on several aspects of pedestrian mobility, including which levels of government construct sidewalks and who is responsible for maintaining sidewalks. Determining responsibility for maintaining sidewalk safety is crucial for injured individuals and property owners. The question of who owns it, and what responsibilities that entails, is a common point of confusion regarding maintenance, liability for accidents, and what can legally be done with the space. Who Actually Owns Public Sidewalks? Public sidewalks are usually owned by the government, often the local city or municipality. Property owners may even be held liable for injuries due to damaged or unmaintained public sidewalks if they knew about the issue and did not repair it. Jan 11, 2021 · Read 2 Answers from lawyers to If I own two properties that abuts a paper road do I have more rights then my Neigbor? - Massachusetts Real Estate Law Questions & Answers - Justia Ask A Lawyer Mar 19, 2025 · Sidewalks are integral to urban landscapes, serving as pathways for pedestrians and fostering community interaction. The curb and gutter are on the street pavement’s edge. Trees […] May 18, 2022 · However, private property owners may be responsible for maintaining the sidewalk in front of their property in some cases. They are essential elements of the built environment that affect the health, sustainability, and livability of communities. Jan 27, 2006 · Walkways shall include but not be limited to all walks, sidewalks, overpasses, bridges, tunnels, underpasses, plazas, courts and other pedestrian pathways, and shall comply with the requirements of this regulation. 83 if part of a municipal drainage system and an easement is obtained Apr 2, 2025 · Sidewalks: Municipalities’ snow removal ordinances can assign the responsibility to clear sidewalks to the property owner or renter. They grant individuals or entities the right to use someone else’s property for a specific purpose, such as accessing a driveway, installing utility lines, or reaching landlocked parcels. They’re there for everyone’s use, making sure we can all walk around Nov 4, 2009 · I own a home in the city and the neighbor tells me in front of my house is NOT MY sidewalk, what about parking on the sidewalk, and who maintains the sidewalk. It’s essential to grasp who truly owns that concrete slab out front. State law also relates to Oct 29, 2021 · This makes it easier for municipalities to access the road, sidewalks, utilities and trees or shrubs on public property (and provides less opportunity for tetchy property owners to cause additional hassles!); however, even if the city or county owns part of your yard, homeowners are generally still responsible for maintaining their Explore the legality of electric scooters in Massachusetts with our in-depth guide. Understanding these responsibilities is important to avoid fines, liability issues, and legal disputes. 1,945 likes · 48 talking about this · 389 were here. Who owns city sidewalks? If I or my cohorts get permission from the city to decorate a sidewalk with washable chalk. Dave needs a small safe in that shack about fifty foot from a rolling chain link gate. A mother-daughter bookstore located in a two-story "antique" barn on Cape Cod. The municipality has a responsibility to keep sidewalks sufficiently safe under the Municipal Act (that's also the subject of another blog to come). Who owns land between sidewalk and street? One is that, in most cases, it is actually the municipality in which you live that owns that land (and the sidewalk, too). Liability between municipalities and landowners for condition of the sidewalk and for injuries sustained by those using the sidewalk due to defective sidewalk Aug 14, 2023 · The grass patch between the sidewalk and the curb, or “road verge”, belongs to the local city or town government in most cases. However, property owners are responsible for maintaining their sidewalks. According to the Federal Highway Feb 12, 2025 · The strip of grass between the sidewalk and the street, often referred to as a “parkway” or “verge,” is common in many neighborhoods. Someone came… The Department of Public Works - Highway Division is responsible for the construction, alterations, repair, maintenance and management of public ways and sidewalks, storm drains and culverts. We live in a fairly residential area with more houses than apartments. L. Be sure to review the laws for your own town regarding how soon you must remove snow from sidewalks before you break the law. So, why do homeowners have to shovel a city-owned sidewalk? State law provides cities with the authority to require the owners of property next to the sidewalk to clear their sidewalks of snow and ice. The other side of the T has a short road and only half of it has blacktop on the opposite side of my property. May be different where you live. c. Dec 7, 2023 · Who Is Responsible for Sidewalk Repair? Property owners are responsible for repairing and maintaining public sidewalks that border their properties in many cities and municipalities. In this blog, I will explore the concept of public property and how it applies to sidewalks. Easements & Rights of Way, Public and Private Roads Presented by Attorney Irene Del Bono Massachusetts Land Conservation Conference 2H, April 2, 2016 Nov 23, 2022 · Michael Pollack, Sidewalk Government (Aug. Because a public sidewalk isn’t your property, the liability associated with a slip-and-fall accident can’t be attached to you. Who Owns the Sidewalk? A Concrete Jungle Dilemma New York City, the concrete canyon where dreams are made (and rents are astronomical). Empowering tenants, policy-makers, and governments to research landlords in the state, even when their identities are obscured. However, who owns the sidewalks and who is responsible for their maintenance and safety is not always clear. Massachusetts General Laws Chapter 187, §5 provides a right to install utilities: “The owner or owners of real estate abutting on a private way who have by deed existing rights of ingress and egress upon such way or other private ways shall have the right by implication to place, install or construct in, on, along, under and upon said This is because most sidewalks are owned by cities, counties, or other municipalities–or, in the case of sidewalks at strip malls or larger shopping centers, by the company or person who owns the mall or shopping center. What is the best way to repair a sidewalk? Section 25. They might be in front of your house, but what does that mean for you? Let’s dive in. Who is responsible for HOA sidewalk maintenance? Is it the homeowner or the homeowners association? Who is Responsible for HOA Sidewalks? It’s common knowledge that homeowners associations are responsible for maintaining the common elements. the city will swear up and down that they own the sidewalk, so why must I shovel city property? if I wanted to plant a tree on the city's sidewalk, i'll bet they wouldn't let me, because its city property, so why must I shovel the city's sidewalk? Introduction:Introduction: It comes as a surprise to many property owners in California when they discover that under State law the public sidewalks next to their property are their responsibility to maintain in safe condition. Some towns do not require a property owner to remove any snow from public sidewalks. The city code states that business owners are responsible for ensuring the sidewalks in front of their stores are clear of snow and ice, but it does not reference cracked, heaving or broken sidewalks. Read on & contact a skilled Morris County slip & fall attorney to learn who owns the sidewalk in the state of New Jersey. Avoid fines, ensure safety & keep your city walkable! Aug 29, 2025 · Thinking about planting a beautiful row of trees along the edge of your yard? It’s a fantastic way to add privacy, shade, and definition to your outdoor space. Jun 12, 2015 · Do you own the sidewalk in front of your house? Simply put, you do not. If the HOA owns the sidewalks, it is responsible for making the repairs. Sidewalks can, and often do, leave the public right-of-way and traverse private property (your campus example). Slip and falls can happen just about anywhere, but often they occur on sidewalks. If the municipality assigns the responsibility for clearing the sidewalk to the property owner, then the property owner will have the option to assign the responsibility to the renter in the lease. Yet, upkeep of the area, including the sidewalk, the landscaped space between the sidewalk and road, and the stretch from the property line to the curb, is the responsibility of the property owner located adjacent to these spaces. To answer your question, the city's right-of-way usually includes the sidewalk and therefore, the driveway. So, from the paved roadway to his bushes there is about 12' of open property where mostly weeds grow. What is That Little Slab of Grass Between the Curb and Sidewalk? Oct 16, 2023 · Both sidewalks and curbs fall under public ownership, managed by local municipalities. 06. These include the association’s clubhouse, pool, and even Jan 1, 2024 · The legal ownership of a right of way typically lies with the property owner who benefits from the right to use the passage or easement across another person's land. Also, since the landlord is still the property owner, he or she would still be legally responsible even if a tenant agrees to shovel part of the property. City If you slip and fall on a sidewalk, who is liable for your injuries? Before you can answer this question, you need to first identify who owns the sidewalk. In New Jersey, responsibility for repairs depends on local laws, property type, and specific agreements. For a homeowner, understanding this relationship is important, as it carries responsibilities and potential liabilities. The property owner whose property is adjacent to the curved roadway put in bushes where the county easement begins on his property. through both a property law and local government lens. com to keep up to date with current events and legal decisions in the Tri-State area. Is thisa 311 question? ☎️ Oct 1, 2021 · If you own property that fronts the street, you may assume that the municipality or local government is responsible for maintaining the sidewalk. Jan 15, 2020 · This usually includes the sidewalk and, in some municipalities, even extends some distance past the sidewalk. Jul 10, 2025 · This articles explain Massachusetts' fence laws and your rights as a homeowner in New England. One side of the T is not developed at all. If a tree causes damage to the sidewalk and it creates a hazard, the adjacent homeowner should contact the County of Ventura department of streets and highways and report the hazard. The logic of this has to do with the history of roads. Learn about the roles of local governments and private property owners, and how community activities like skateboarding impact usage. A person owning or occupying land adjoining a public way in a town may construct a sidewalk within such way and along the line of such land, indicating the width of such sidewalk by trees, posts or curbstones set at reasonable distances apart, or by a railing; and, if a sidewalk is so constructed, whoever rides or drives a Jun 5, 2023 · Discussing Public Sidewalks: Ownership, Maintenance, and Usage Alright, let’s tackle public sidewalks. The Highway Division is responsible for roadway paving and maintenance, street sweeping, roadside maintenance within the right of way, repair of stormwater infrastructure, street and regulatory sign installation and repair, pavement markings, sidewalks, and tree removal. Nov 23, 2021 · The municipality generally owns the grass between the sidewalk and curb. Legal responsibility hinges on the status of the sidewalk in question, local laws and the availability of certain defenses. These The strip outside the sidewalk nearest the street is meant to be maintained by the property owner but bear in mind, this is usually "easement area", so restrict yourself to grass or gravel since the city has the right to plow it up without asking to repair pipes, sidewalks, electrical lines underground, etc. Other cities and towns do require snow removal from public sidewalks such as Boston, Arlington and Somerville. This includes any replacements as well. The tree clearly is on the inside of the sidewalk. grdrisy muu kppol eded zkcl ajg qvjdp uhyyfr afjp bzqyk