City Easement & Private Property

[bulldog21]

My town is putting in a walking trail that will be on mine and my neighbors private property, the trail will be six feet across and will have a three foot buffer zone from the road. The city easement is on the road and says it is a 66-foot roadway when in reality it is only a 23-foot roadway. I have been paying taxes, maintaining, and all of the property surveys that have been conducted put my property line four feet from the road. I was wondering if it is at all legal for the city to do this, and if so, will i be compensated for the loss of property? I also have a neighbor whose house and garage, along with a line of trees for privacy, are close enough to the road that they will interfere with the construction of this trail. What will they do with his property? Force him to move so they can destroy his house and garage in order to place the trail there instead or will he be forced to live the rest of his life with a public walking trail that is right up against his house?

 

[Zigner]

What US state are you in, bulldog21?

 

[justalayman]

The city easement is on the road and says it is a 66-foot roadway when in reality it is only a 23-foot roadway.

a 66 foot wide easement is fairly standard in many states. You can confirm the actual width of the easement through documents such as your deed, the county plat map, and a few other places. The width of the physical road is meaningless.

 

[154NH773]

Despite the fact that the actual roadway is only 23 feet wide, if the easement is for 66 feet the town "probably" has the right to install a walking path within its boundaries. The fact that your neighbor's buildings don't actually encroach on the easement is a good indication that they knew where the easement was located. Most properties in built-up areas contain some type of easement extending from the road for building sidewalks or maintaining scenic qualities.
You will not be compensated for the "loss of property" because the easement exists. The fact that you pay taxes on the property was of little consequence when you could utilize it, but once the walking path is installed you lose the value of that property and should ask for a tax abatement. There may be some legal precedent that would prevent an abatement, but you should try.
I want to add that I grew up in a city where the public sidewalks on private property must be maintained by the property owner, under penalty of law, so find out who will maintain the "walking path".

 

[FarmerJ]

If you live in any part of snowland Who is gonna have to shovel the dang thing as well as keep it ice free ? Does your city / county have ords that require snow removal (if your in snowland ) ?

 

[bulldog21]

What US state are you in, bulldog21?

I am in a village located in Northeast Ohio.

 

[bulldog21]

The fact that your neighbor's buildings don't actually encroach on the easement is a good indication that they knew where the easement was located.".

That's the thing, the easement would come 20 feet into the property on each side of the road. My neighbor's house is located maybe around 7-10 feet from the road or even less. The garage is more along the lines of five feet from the road which would impede on the outline of the trail that is going to be built, since there will not be enough space what could the city possibly do?

 

[Zigner]

That's the thing, the easement would come 20 feet into the property on each side of the road. My neighbor's house is located maybe around 7-10 feet from the road or even less. The garage is more along the lines of five feet from the road which would impede on the outline of the trail that is going to be built, since there will not be enough space what could the city possibly do?

It's really a hypothetical question, at best. Furthermore, if there is a concern by your neighbor, then your neighbor should be the one asking questions.

 

[154NH773]

That's the thing, the easement would come 20 feet into the property on each side of the road.

That is conjecture. If the easement is 66 feet wide, and is defined, then the roadway can wander within that boundry, so it may, or may not, impact the location of your neighbor's structures. You really can't tell by looking at the road location, you would need a survey. As has been said, if your neighbor is concerned, he should ask the question.