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are sidewalks easemants?

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paulv

Guest
My town gave me notice to repair my sidewalk in front of my house. A very large oak tree has uprooted the cement. The town won't let me cut down or damage the tree. They suggested that I re-engineer the sidewalk around the tree, about 2 feet into my front yard. Am I obligated to do this or does the town have the easemant right to order this measure of repair? If true, does this need to be the town's financial responsibility to repair as suggested?

Thank you,
PaulV
 


HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by paulv:
My town gave me notice to repair my sidewalk in front of my house. A very large oak tree has uprooted the cement. The town won't let me cut down or damage the tree. They suggested that I re-engineer the sidewalk around the tree, about 2 feet into my front yard. Am I obligated to do this or does the town have the easemant right to order this measure of repair? If true, does this need to be the town's financial responsibility to repair as suggested?

Thank you,
PaulV
<HR></BLOCKQUOTE>

Every town has its own rules but in general the sidewalks are owned by the City/County/Town with an ordinance that either:
1) the homeowner plant and maintain,
2) the government plant and maintain or 3) the government plant and the homeowner maintain.
Check to see who planted the tree and who is responsible for maintenance. If it is the town, then the town should pay for the new sidewalk which would be on your property. Refuse to allow the town to use your property unless they provide a release of liability. The town has the power to force the issue by creation of an easement on private property for public use, if you refuse to allow the new sidewalk to be built.
 
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Prairielaw

Guest
The only thing I would add to what HomeGuru said would be to contact your elected alderman or alderwoman as well. See if they can help you out. No assurance they can, but is sometimes helpful.

Law on, Kevin

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Kevin O'Keefe
Founder & Fearless Community Leader
Prairielaw.com
"More people helping people with the law than anywhere."
 

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