sidewalk question, need answer

jason713 · 09-01-2005, 01:16 PM

Houston, TX

Very confused. Lets say you buy a house in a new neighborhood. The house does NOT come with sidewalks in front of your lawn. One day you wake up with a sidewalk in front of your house. Question 1: Is the sidewalk your property? Question 2: If someone gets hurt on the sidewalk in front of your house, will you be held reponsible, can they sue you? Question 3: Between the sideway and the street there is about three feet of grass, does that three feet now belong to the city? (do you have to maintain it).

Need help, please respond.

Thanx

wwhopper · 09-01-2005, 11:00 PM

Most city streets have set backs. It looks like you have this huge lawn or front yard, but at least 15 feet of it really belongs to the city. Oh yes you have to maintain it, mow it, take care of the shrubs and trees, but the city can use it to put in a sidewalk, widen a street, what ever they want to do in their 15 feet.

This was a big thing in my neighborhood this year, a Federal highway project rebuilt a main street, which included sidewalks (much needed - and great for the HT) but of course the community was up in arms. Sadly they made the city put the sidewalk at the curb, not leaving a tree belt so it is very unsightly now that it is done. Street, Curb Sidewalk, then Lawn, instead of Street, Curb Lawn and tree, Sidewalk and Lawn.

In Houston, you have such odd zoning anyway, a junkyard then a strip mall, then high end housing, then an auto superstore! Do what you can to make it Segway Friendly and at least nice looking!

The planners sometimes do know what they are doing! Just maybe not in Texas!

Will W Hopper
DCSEG Member
Come out to the Mid-Atlantic Regional SEG America Event - SegwayFest - DC Sept 23-25
http://www.segwayfest.com/dc.html
Washington DC - The Most Segway Friendly City in America!

citivolus · 09-04-2005, 09:34 PM

I'd be careful as to how you define maintain. I've lived in areas that require the resident/owner to keep it clean/clear and grass mowed, others that only require it be kept clear (snow) and still others that asked nothing. But wait, it gets more confusing because some won't allow you to maintain it or do certain maintainence.

As an example, one town wanted the grass and concrete clear of debris but you weren't allowed to clear snow or cut the grass because it was someone else's job and they used to whine when you did anything beyond picking up the beer cans. It went so far that one guy who was fed up waiting for a broken sidewalk to be repaired and he fixed it himself and was taken to court when the repair crew found out about it seven months later. Mind you this was a missing chunk of concrete about 6" X 10" and a major trip hazard that existed for about four months before he did anything.

In your case, it looks like it's all on you.
http://www.chron.com/cs/CDA/ssistory...atchem/2767620

--
swiftly flying

KSagal · 09-04-2005, 11:00 PM

In my little town we have rules that are similiar to what Will described above. (I sit on the Zoning Board)

Just a few caviats. Usually, a town or city has ownership or right of way to a strip of land that is usually a steady width. Within this strip, they build the road. Often times they are not in the center of the strip, but over the years, most deeds and builders loose sight of where the actual right of way is... It can easily be that a neighborhood road is 20 feet wide on a 40 foot stip. Seems that would make 10 feet on either side part of the town responsibility? right... Well, since it could be that the engineers made the road off center, one side might have 5 feet and the other 15 feet...

We see this all the time at the Zoning board...

To aleviate much of this, towns then make rules about who has to maintain that strip... These rules that are often non-specific as to location state that the land owner beyond the strip is required to clear snow or mow grass, or whatever, for 15 or whatever feet on either side of the road...

Now you know more than you ever wanted to know...

As far as liability, I am not a lawyer, so my legal advice stinks, but in towns where you are required to clear the sidewalk by law has a different liability than in towns that do not have this law...

In some locations, having cleared the snow in a particular manner can be seen as having increased the hazard and therefore the liability... (Icy sidewalk is more dangerous than a snowy one...) In other locations, not having attempted to clear the sidewalk is seen as negligence and increases the hazard and therefore the liability...

Look for local rules and expect to be held accountable to the worst of all possibilities... Do not apply logical solutions to this case, it is all legaleze...

Karl Ian Sagal

Each road you travel should be just a bit better for having had you pass.

09-01-2005, 01:16 PM	#1
jason713 New Member Join Date: Sep 2005 Location: houston, tx, USA. Posts: 1	sidewalk question, need answer Houston, TX Very confused. Lets say you buy a house in a new neighborhood. The house does NOT come with sidewalks in front of your lawn. One day you wake up with a sidewalk in front of your house. Question 1: Is the sidewalk your property? Question 2: If someone gets hurt on the sidewalk in front of your house, will you be held reponsible, can they sue you? Question 3: Between the sideway and the street there is about three feet of grass, does that three feet now belong to the city? (do you have to maintain it). Need help, please respond. Thanx

09-01-2005, 11:00 PM	#2
wwhopper Advanced Member Join Date: Mar 2003 Location: Washington, DC, USA. Posts: 4,894	Most city streets have set backs. It looks like you have this huge lawn or front yard, but at least 15 feet of it really belongs to the city. Oh yes you have to maintain it, mow it, take care of the shrubs and trees, but the city can use it to put in a sidewalk, widen a street, what ever they want to do in their 15 feet. This was a big thing in my neighborhood this year, a Federal highway project rebuilt a main street, which included sidewalks (much needed - and great for the HT) but of course the community was up in arms. Sadly they made the city put the sidewalk at the curb, not leaving a tree belt so it is very unsightly now that it is done. Street, Curb Sidewalk, then Lawn, instead of Street, Curb Lawn and tree, Sidewalk and Lawn. In Houston, you have such odd zoning anyway, a junkyard then a strip mall, then high end housing, then an auto superstore! Do what you can to make it Segway Friendly and at least nice looking! The planners sometimes do know what they are doing! Just maybe not in Texas! Will W Hopper DCSEG Member Come out to the Mid-Atlantic Regional SEG America Event - SegwayFest - DC Sept 23-25 http://www.segwayfest.com/dc.html Washington DC - The Most Segway Friendly City in America!

09-04-2005, 09:34 PM	#3
citivolus Member Join Date: Jun 2003 Location: , RI, . Posts: 562	I'd be careful as to how you define maintain. I've lived in areas that require the resident/owner to keep it clean/clear and grass mowed, others that only require it be kept clear (snow) and still others that asked nothing. But wait, it gets more confusing because some won't allow you to maintain it or do certain maintainence. As an example, one town wanted the grass and concrete clear of debris but you weren't allowed to clear snow or cut the grass because it was someone else's job and they used to whine when you did anything beyond picking up the beer cans. It went so far that one guy who was fed up waiting for a broken sidewalk to be repaired and he fixed it himself and was taken to court when the repair crew found out about it seven months later. Mind you this was a missing chunk of concrete about 6" X 10" and a major trip hazard that existed for about four months before he did anything. In your case, it looks like it's all on you. http://www.chron.com/cs/CDA/ssistory...atchem/2767620 -- swiftly flying

09-04-2005, 11:00 PM	#4
KSagal Glides a lot, talks more... Join Date: Jan 2004 Location: Pelham, NH, USA. Posts: 10,356	In my little town we have rules that are similiar to what Will described above. (I sit on the Zoning Board) Just a few caviats. Usually, a town or city has ownership or right of way to a strip of land that is usually a steady width. Within this strip, they build the road. Often times they are not in the center of the strip, but over the years, most deeds and builders loose sight of where the actual right of way is... It can easily be that a neighborhood road is 20 feet wide on a 40 foot stip. Seems that would make 10 feet on either side part of the town responsibility? right... Well, since it could be that the engineers made the road off center, one side might have 5 feet and the other 15 feet... We see this all the time at the Zoning board... To aleviate much of this, towns then make rules about who has to maintain that strip... These rules that are often non-specific as to location state that the land owner beyond the strip is required to clear snow or mow grass, or whatever, for 15 or whatever feet on either side of the road... Now you know more than you ever wanted to know... As far as liability, I am not a lawyer, so my legal advice stinks, but in towns where you are required to clear the sidewalk by law has a different liability than in towns that do not have this law... In some locations, having cleared the snow in a particular manner can be seen as having increased the hazard and therefore the liability... (Icy sidewalk is more dangerous than a snowy one...) In other locations, not having attempted to clear the sidewalk is seen as negligence and increases the hazard and therefore the liability... Look for local rules and expect to be held accountable to the worst of all possibilities... Do not apply logical solutions to this case, it is all legaleze... Karl Ian Sagal Each road you travel should be just a bit better for having had you pass.

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