URGENT: Builder taking a piece of my land indicating town code calls for sidewalk (Cary: appointed, sales)

[stamford06905]

Hi,

Can anyone tell me what is the code for putting a sidewalk ?

The builder is putting a sidewalk cutting a portion of my front lawn and I am pretty disappointed with it., we were never told during sales cycles nor during closure nor any documents were shown, and it was indicated the entire front lawn was part of the property and is mine.

can anyone provide some insight on this.

This is a closed small subdivision in cary, and mine is at culdesac.

the contractor who is digging indicated that town indicated that walkway access is required for physically handicapped and to access mailbox which is one property away from mine.

Is there an cary website where I can see approvals marked for sidewalk for an property?

Any help appreciated.

[lamishra]

there is always a sidewalk and utility easement in your front yard. Yes, the town can put a sidewalk in.

[pierretong1991]

Originally Posted by lamishra

there is always a sidewalk and utility easement in your front yard. Yes, the town can put a sidewalk in.

yeah that's what I'm thinking. I know with NCDOT, they have right of way along their roads so technically they can do whatever they want with however many feet from the road their right of way is at any location (take out your mailbox, remove signs, build a sidewalk etc...). Guessing the same is true with Cary.

[MikeJaquish]

Check your survey. It should indicate where your property is and where the easement is.

[RedZin]

There's pretty much always a sidewalk easement, man.

Did you not order a survey when you purchased your home?

[DPK]

Whether it's the town, the state, or a city... there's usually an easement. I feel like this should be common knowledge.

[adamwmcknight]

Originally Posted by DPK

Whether it's the town, the state, or a city... there's usually an easement. I feel like this should be common knowledge.

I don't know that I can say it IS common knowledge, however.

OP, like others, I am curious is you had a survey and reviewed it.

[stamford06905]

I did not had a survey done, as the builder indicated it is not an requirement and I did not knew at that time it was an critical document
now I may have to go for an survey using 3rd party and get things done.

[adamwmcknight]

Originally Posted by stamford06905

I did not had a survey done, as the builder indicated it is not an requirement and I did not knew at that time it was an critical document
now I may have to go for an survey using 3rd party and get things done.

That statement is correct. It is not required. It is merely a prudent decision. It is a good business practice with new construction as well. Things aren't always lined up as perfectly as one might hope.

You can definitely have one done, and it can't hurt. Please don't be surprised when you find that there are other easements on the property as well.

[MikeJaquish]

OP, check your recorded plat map. It may show you that the sidewalk was originally planned.