Results 1 to 6 of 6
  1. #1
    Join Date
    Sep 2019
    Posts
    3

    Default Sidewalk Easement

    My question involves real estate located in the State of: California

    First some facts:


    We live on a dead-end street.
    There are no city-built sidewalks.
    We put a sidewalk in front of our own house many years ago.
    Our street has a hump in the middle of the street so parking parallel leaves your car "catty-wompus"



    My husband has a work truck and he parks the right side front and back tires partially on our sidewalk so that his work truck is level. We allow plenty of walking space for pedestrians who move off the middle of the street to use our sidewalk.

    This weekend, a not-so-friendly neighbor called the police and we got a parking violation - presumably for parking partly on the sidewalk. I've looked at our parcel map and as far as I can see, we own that piece of property (the sidewalk area), though I'm no expert at reading parcel maps. My question is whether we have any ground to fight the ticket since we put the sidewalk in and it is on our property.

    Thanks!

  2. #2
    Join Date
    Oct 2006
    Posts
    15,684

    Default Re: Sidewalk Easement

    Quote Quoting maijaw
    View Post
    My question involves real estate located in the State of: California

    First some facts:


    We live on a dead-end street.
    There are no city-built sidewalks.
    We put a sidewalk in front of our own house many years ago.
    Our street has a hump in the middle of the street so parking parallel leaves your car "catty-wompus"



    My husband has a work truck and he parks the right side front and back tires partially on our sidewalk so that his work truck is level. We allow plenty of walking space for pedestrians who move off the middle of the street to use our sidewalk.

    This weekend, a not-so-friendly neighbor called the police and we got a parking violation - presumably for parking partly on the sidewalk. I've looked at our parcel map and as far as I can see, we own that piece of property (the sidewalk area), though I'm no expert at reading parcel maps. My question is whether we have any ground to fight the ticket since we put the sidewalk in and it is on our property.

    Thanks!
    Is there a continuous sidewalk along your street? Is putting in a sidewalk something everyone has done? I would say that defending yourself based on the fact that its your private sidewalk on your property would be the way to go, but that defense may not work well if everybody else put in a sidewalk too.

  3. #3
    Join Date
    Sep 2019
    Posts
    3

    Default Re: Sidewalk Easement

    Quote Quoting llworking
    View Post
    Is there a continuous sidewalk along your street? Is putting in a sidewalk something everyone has done? I would say that defending yourself based on the fact that its your private sidewalk on your property would be the way to go, but that defense may not work well if everybody else put in a sidewalk too.
    No - we are the only ones who have put a concrete sidewalk in -- any others (and there are very few) may have put some rock walkway. The rest of the street has all homeowners property directly at the gutter.

  4. #4
    Join Date
    Oct 2006
    Posts
    15,684

    Default Re: Sidewalk Easement

    Quote Quoting maijaw
    View Post
    No - we are the only ones who have put a concrete sidewalk in -- any others (and there are very few) may have put some rock walkway. The rest of the street has all homeowners property directly at the gutter.
    Well then you definitely need to defend yourself on the basis that the sidewalk is a private sidewalk located entirely on your property. However, you might want to research whether or not the city/county has any kind of easement to put in sidewalks at some time in the future, as that could murky things up.

  5. #5
    Join Date
    Jul 2018
    Posts
    1,756

    Default Re: Sidewalk Easement

    What statute (i.e., section of the Vehicle Code) or local ordinance were you cited with violating (if it's a local ordinance, you'll need to identify the locality)?

  6. #6
    Join Date
    Sep 2019
    Posts
    3

    Default Re: Sidewalk Easement

    Thank you!

    1. Sponsored Links
       

Similar Threads

  1. Traffic Accidents: Bicycle Riding on Sidewalk Hit by a Car
    By reila in forum Accidents and Injuries
    Replies: 26
    Last Post: 12-28-2012, 03:47 PM
  2. Condo & Co-Op Community Rules: Can the HOA Tow My Car Out of My Driveway if I Am Not Blocking a Sidewalk
    By FloridaHomeOwner in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 03-11-2012, 04:59 AM
  3. Sidewalk Right of Way and Property Line
    By midknight39 in forum Real Estate Ownership and Title
    Replies: 11
    Last Post: 05-12-2009, 08:29 PM
  4. Parking Violations: Parked on Sidewalk
    By Ditiris in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 05-01-2009, 01:10 PM
 
 
Sponsored Links

Legal Help, Information and Resources