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What are your rights if a City intends to build a sidewalk on your property consuming ten feet of lawn?

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Answered 2006-07-05 21:40:39

I'm not an expert, but my guess would be that if the city wants to put a sidewalk anywhere, you either have no rights or they will find a way to circumvent them. I'm sorry to say that, but it is most likely the truth.

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It depends on where the sidewalk is. A sidewalk situated on private property, such as the entry way to a commercial building or church, is private property.Sidewalks along the street are treated differently. Although the landowner may own the land up to the center line of the street, generally, the town has taken easement rights that create rights in the public to use the street and sidewalk for all purposes of a public way. In that case, although the sidewalk is on private property the public has the right to use it for passage.


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You would need to research the particular property and the laws in your jurisdiction to find your answer. You would look for the original layout of the street. That type of information would be disclosed by a comprehensive title examination performed by an experienced title examiner. There is no universal rule. The landowner may own the land up to the center line of the street and the town has taken easement rights for the public to use the street and sidewalk for all purposes of a public way. In that case, although the sidewalk is on private property the public has the right to use it for passage. In other schemes, the town records a taking in fee for the street and a strip along the street to be used for passage. The only way to answer your question accurately would be to find the original taking that created the city's rights in your particular street.


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