Front yard easement for utilities only? (Austin: neighborhoods, inspector, living)

[Trainwreck20]

I think the answer is probably simple - she cannot use your property, but you cannot block the ROW.

Instead of filing a complaint about your cactus garden, she has chosen to cut across your yard. If you insist on preventing her from cutting across your yard, she will be 'forced' to complain about the garden. Pick your poison....

[Komeht]

That may be a typical plat in suburb - but not here in Austin.

I'm looking at my survey right now. No, I am not going to post it here. I own all the property to the curb. The city has a easement on my property for the first 10 feet. The city easement allows it to put a side walk, bury utilities and maintain them. But the property is mine, I pay taxes on it. I maintain it.

While I'm not looking at surveys for my previous homes, I'm nearly 100% certain that is the case on each of the previous lots.

[CptnRn]

Originally Posted by Komeht

That may be a typical plat in suburb - but not here in Austin.

I'm looking at my survey right now. No, I am not going to post it here. I own all the property to the curb. The city has a easement on my property for the first 10 feet. The city easement allows it to put a side walk, bury utilities and maintain them. But the property is mine, I pay taxes on it. I maintain it.

While I'm not looking at surveys for my previous homes, I'm nearly 100% certain that is the case on each of the previous lots.

These suburbs are in Austin so what do you mean not here in Austin?

Older properties that existed before there were subdivision regulations may differ but if the City has an easement to put a sidewalk there, then the public is also allowed to walk there. It amounts to the same thing.

What I posted is the typical plat for subdivision in the City of Austin for at least the last 50 years. Yes if you live in a really old part of town that was subdivided before regulations existed, they may be different. But the majority of the property in subdivisions within the City of Austin and the USA is as shown in the illustrations.

[Komeht]

Originally Posted by CptnRn

OK but if the City has a right to put a sidewalk there, then the public is also allowed to walk there.

What I posted is the typical plat for subdivision in the City of Austin for at least the last 50 years. Yes if you live in a really old part of town that was subdivided before regulations existed, they may be different. But the majority of the property in subdivisions within the City of Austin and the USA is as shown in the illustrations.

I'm not disagreeing that there is an easement in the first 10' - there certainly is and whether a sidewalk exists or not the public likely has a right to access that property. As a matter of fact, I suggest that OP just put up a fence around the areas she is legally aloud to so so (which would not include the ROW). Good fences make good neighbors.

As for whether this only applies to homes 50 years or older - the homes in Mueller aren't platted that way - the surveys show a property line right to the street with a 10' easement to the city.

[txgolfer130]

Originally Posted by CptnRn

In order to trespass you must be on another person's property. They are not trespassing when they are in the public ROW. They are not on the property owners property.

The public right of way for streets and roads DOES NOT APPLY to his lawn. They are applicable to medians, grass areas from permanent sidewalks (which he does not have) to the road, areas entering/exiting public facilities and highways.

Public ROW does not apply to residential properties. The 10' easement is for utilities ONLY. His neighbor is in the wrong.

[txgolfer130]

Your attachments do indeed show a R.O.W., but it is for utilities and CoA easement ONLY. There is NO public R.O.W.

http://austintexas.gov/department/right-way-management

The Right of Way Management Division provides traffic planning and coordination for all activities in the right of way in order to ensure public safety and mobility. The City's right of way is typically the street surface, sidewalks and grassy areas between pavement and property lines.

There is no sidewalk, or grassy area between pavement and property line. Therefore, there is NO public R.O.W. on his lawn. There is at the street to the curb ribbon, but the moment she sets foot on his lawn, or let's her dog do so, she is TRESPASSING. The only people that have a R.O.W. is the city for utilities and improvement(s).

[txgolfer130]

However, the appropriate person to contact to settle your issue appears to be:

Parking, driveways and sidewalks: Nancy Thralls
at 512-974-1150

Right of Way Management | AustinTexas.gov - The Official Website of the City of Austin

[CptnRn]

Originally Posted by txgolfer130

The public right of way for streets and roads DOES NOT APPLY to his lawn. They are applicable to medians, grass areas from permanent sidewalks (which he does not have) to the road, areas entering/exiting public facilities and highways.

Public ROW does not apply to residential properties. The 10' easement is for utilities ONLY. His neighbor is in the wrong.

You clearly do not know what you are talking about. The public has the right to walk within the public R.O.W. whether there is a sidewalk there or not. If you don't believe me, call 311 and ask them. I am not going to waste anymore time trying to educate you.

[gpurcell]

Originally Posted by CptnRn

You clearly do not know what you are talking about. The public has the right to walk within the public R.O.W. whether there is a sidewalk there or not. If you don't believe me, call 311 and ask them. I am not going to waste anymore time trying to educate you.

This. The fact that a sidewalk can be constructed on that strip means it is a public ROW even without a sidewalk. The sidewalk is merely an amenity to the ROW but it does not create the ROW.

As an aside, I'm in an old area of town (North University) and our property line ends at the sidewalk, not the curb.

[txgolfer130]

Originally Posted by CptnRn

You clearly do not know what you are talking about. The public has the right to walk within the public R.O.W. whether there is a sidewalk there or not. If you don't believe me, call 311 and ask them. I am not going to waste anymore time trying to educate you.

Moderator cut: personal attacksThe public has the right to walk within the public area R.O.W., true, but THERE IS NO PUBLIC R.O.W. on HIS property. The CITY has an easement. The utilities (power, water, cable, phone, gas) have an easement. YOU and his neighbor DO NOT.