Are Sidewalks Considered Homeowner's Property?

Ownership

• When you buy a house, the purchase typically includes the land on which it sits. Homes built on city lots or in suburban developments normally have sidewalks on the property's edge near the street. Sidewalks are part of the public right-of-way, a form of a permanent easement across the land you own. If the local government exercised its easement rights, and the law supports it, the local government controls and dictates sidewalk upkeep, maintenance and repair requirements. This ultimately means you could be responsible to pay for needed repairs and maintenance.

Maintenance and Upkeep

• In California, for example, state law allows local governments to require homeowners to maintain or repair sidewalks. In Sacramento, this includes ensuring bushes or trees on your land do not intrude into the sidewalk area. In Alabaster, Alabama, local government officials revived a 100-year-old state law that requires homeowners to repair sidewalks or be billed for the repairs by the city. The city of Berkeley, California, recently instituted a sidewalk repair program where homeowners share the liability and the cost with the city for sidewalk repairs on a 50-50 basis. To understand who is responsible for the sidewalks in your community, contact your local government.

Legalities and Liabilities

• In the state of Connecticut, local governments are liable for damages resulting from improperly repaired or maintained sidewalks under state law. But if the municipality shifts the responsibility for maintenance and repair to the landowner, the landowner becomes legally responsible for accidents that occur on public sidewalks on his property. This maintenance includes removing snow and ice during the winter season in addition to making needed repairs. Local and state government laws determine the responsibility for sidewalk maintenance and repair, and the parties legally responsible in case of an accident.

Permits and Repairs

• The local government also may tell you how repairs must be made. In other words, you cannot just slap some concrete over a crack and call it repaired. The local government may require you to obtain a permit, hire a licensed contractor and follow strict procedures for fixing the sidewalk. You may have to completely remove cracked and upheaved concrete sidewalks before replacing them with new.