DavidJ17 (Florida)
Posts: 47
Posts: 47
Posted:
I was told our sidewalks are private. How does a sidewalk become private if both ends connect to a public sidewalk? and How does a sidewalk become private if the public can walk on them?
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sidewalks
Started by DavidJ17 • 7 replies • 720 views
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NpS (Pennsylvania)
Posts: 4,216
Posts: 4,216
Posted:
Ownership = right to make most decisions about and usually an obligation to maintain.
Easement = right to use.
If your HOA owns the streets, your HOA usually owns the sidewalks.
If the streets were dedicated to the local government, then the local government usually owns the sidewalks.
Where private streets intersect with public streets, the ownership of the sidewalks will change at the corner.
When the developer of your community got approval from your local government to build, a plat was filed and approved. That plat will identify what your HOA owns.
Easement = right to use.
If your HOA owns the streets, your HOA usually owns the sidewalks.
If the streets were dedicated to the local government, then the local government usually owns the sidewalks.
Where private streets intersect with public streets, the ownership of the sidewalks will change at the corner.
When the developer of your community got approval from your local government to build, a plat was filed and approved. That plat will identify what your HOA owns.
Sikubali jukumu. Read all posts at your own risk.
NpS (Pennsylvania)
Posts: 4,216
Posts: 4,216
Posted:
The public may have an easement from
- something recorded in the plat, or
- a history of being used as a public paty.
- something recorded in the plat, or
- a history of being used as a public paty.
Sikubali jukumu. Read all posts at your own risk.
NpS (Pennsylvania)
Posts: 4,216
Posts: 4,216
Posted:
public path.
Sikubali jukumu. Read all posts at your own risk.
DavidJ17 (Florida)
Posts: 47
Posts: 47
Posted:
I was told we have a very unique setting here. The City likes to word things to confuse me. lol.. So I got a reply from the City Manager that says... 'I'm sure you know you live in a private community. Everything within including it's roads & sidewalks are owned by the Condo and the City has no public presence within.'
What does WITHIN mean? We have one street that is open on both ends where the public can drive thru. We also have 2 cul-de-sacs. I didn't know if he was referring to the cul-de-sacs as roads or the one street we have. I was taught in school (I think) that when you lump 2 things together (roads & sidewalks) that means they are together. Well, we don't have sidewalks in our cul-de-sacs.
What does WITHIN mean? We have one street that is open on both ends where the public can drive thru. We also have 2 cul-de-sacs. I didn't know if he was referring to the cul-de-sacs as roads or the one street we have. I was taught in school (I think) that when you lump 2 things together (roads & sidewalks) that means they are together. Well, we don't have sidewalks in our cul-de-sacs.
NpS (Pennsylvania)
Posts: 4,216
Posts: 4,216
Posted:
no public presence within = no responsibility to maintain.
open on both ends or cul de sac makes no difference = your HOA's responsibility to maintain.
open on both ends or cul de sac makes no difference = your HOA's responsibility to maintain.
Sikubali jukumu. Read all posts at your own risk.
DavidJ17 (Florida)
Posts: 47
Posts: 47
Posted:
Understood your definition of WITHIN. But I was referring to the first WITHIN I mentioned. "Everything WITHIN, including it's roads & sidewalks are owned by the Condo." So, we have a main street that we drive on to enter & exit our Community. It is not gated, and anyone can drive on it. It also has a sidewalk. We also have 2 cul-de-sacs. They do not have sidewalks. So I wasn't sure when he said 'everything WITHIN' did he mean everything within the cul-de-sacs, or everything within the Community? Cause I believe Condo Management says something different.
NpS (Pennsylvania)
Posts: 4,216
Posts: 4,216
Posted:
My read would be everything including walkways, storm water systems, sewers, possibly water lines if you have wells are one meter for the entire community that your local government might otherwise be responsible for.
If a particular street was dedicated to the local government, then the government is responsible.
If not dedicated, it's private, and everything related to that particular street is on you and your HOA to maintain.
If your HOA says something different, then they should take it up with your local government.
If a particular street was dedicated to the local government, then the government is responsible.
If not dedicated, it's private, and everything related to that particular street is on you and your HOA to maintain.
If your HOA says something different, then they should take it up with your local government.
Sikubali jukumu. Read all posts at your own risk.
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