The "no sidewalk" problem (Tampa, Seminole: residential, yard, car)

[Spring Hillian]

yep. thats where the property line is

Originally Posted by vaughanwilliams

In St. Pete, the easement ends at twenty feet from the crown of the road-right where my water meter is.

[Occifer]

Originally Posted by Spring Hillian

Between the road and the property line of a house is an area called an easement. It belongs to the city or town. Walking on the easement is not trespassing. In unincorporated Orange County FL we didnt have sidewalks. I didnt own the property to the street. The county easement was used for sewer and water lines, CATV, etc. Also for sidewalks if they were wanted.

Yes and no. The easement does not "belong" to a city or town. An easement is owned by whoever owns the property. If you don't believe that, then simply look at your land survey and property tax records. You pay property taxes on an easement and it is included in a parcel's total area. The same is true for a wetland easement. The basic legal definition of an easement is that it's the "right to use" one person's property by another. The owner does not give up the actual property.

Because an easement is owned by the individual, being on an easement has nothing to do with trespassing. People authorized to work on the easement, such as utility or transportation workers, can't be denied access because they have the legal right to be there. The fact that it might be in a utility easement doesn't give some homeless person the right to pitch a tent in the front part of your yard.

[stpeteguy]

Originally Posted by sinatras

So as many of you know, Florida is not a pedestrian friendly state, and many many neighborhoods do not have sidewalks. It could be an old neighborhood like in South Tampa, or a new neighborhood like in Palm Harbor, and you will find neighborhoods or subdivisions with no sidewalks. So this means that people who live in those areas treat the STREET like a sidewalk.

I see people walking, running, pulling children in wagons, allowing their 2-year-olds to walk, DOGS ROAMING OFF-LEASH, all in the middle of the street of these neighborhoods. My question is, how do people NOT think this is dangerous? Do people in your sidewalk-free street do this, and why?

This morning I saw a man in his 30s strolling in the middle of a street in Palma Ceia, with his 2-3 year old son strolling freely in front of him. This is in the middle of the street, which is for CARS.

WHO DOES THAT?

You have cars whizzing by, trying to navigate the narrow streets, and could easily not see this kid and barrel through him. I wonder what the police thinks about this.

I just don't think it's a good idea to treat a residential street like a sidewalk. What say you guys?

Folks in my neighborhood walk down the center of the road as a show of disrespect to car drivers. That's usually why I lay on the horn as I pass by.

[sinatras]

And I'm sure they give you the finger, since they feel entitled to walk the center of the road.

[Spring Hillian]

I agree on your description of a utility easement, but what about the property located between the roadway and the property line of a home? What is that called?

Originally Posted by Occifer

Yes and no. The easement does not "belong" to a city or town. An easement is owned by whoever owns the property. If you don't believe that, then simply look at your land survey and property tax records. You pay property taxes on an easement and it is included in a parcel's total area. The same is true for a wetland easement. The basic legal definition of an easement is that it's the "right to use" one person's property by another. The owner does not give up the actual property.

Because an easement is owned by the individual, being on an easement has nothing to do with trespassing. People authorized to work on the easement, such as utility or transportation workers, can't be denied access because they have the legal right to be there. The fact that it might be in a utility easement doesn't give some homeless person the right to pitch a tent in the front part of your yard.

[BucFan]

Originally Posted by sinatras

And I'm sure they give you the finger, since they feel entitled to walk the center of the road.

Got one the other day in fact from what looked like a meth'd-up gothic chick---- my friggin' little Honda horn is so wimpy, didn't stir her up whatsoever

[Occifer]

Originally Posted by Spring Hillian

I agree on your description of a utility easement, but what about the property located between the roadway and the property line of a home? What is that called?

If it's within a specified distance of the centerline of the roadway (and it's a public roadway) then it does fall under the public right-of-way. If you're in a CDD/HOA community sometimes that doesn't always apply if the HOA documents don't allow for it, although the area of the right of way is also usually included in utility easements since that is where lots of roadside utility poles, water meters, telephone boxes, and power transformers are.

Depending on the city or county, they can either maintain this area of the property or require a homeowner to do it. There are many cities that will replace sidewalks and others that will require the homeowner to replace the sidewalk. Since governments can basically determine what they are going to own and consider the right of way, they can also determine what they are going to maintain by enacting codes. Most city and county codes require the property owner of a property to keep clean and neat (mow, etc.) the grass between the sidewalk and street (swale) and any alleys that might abut the property and also be part of the right-of-way.

It's my understanding that in Tampa, the city takes ownership of the right of way and will replace the sidewalk if it's broken and do any other repairs as necessary although the nearby property owner must mow and clean the swale pursuant to code. In other places the city just takes ownership of the road and puts in place a transportation easement for the sidewalk and swale. That way all the costs of all maintenance and upkeep are the responsibility of the property owner.

[vaughanwilliams]

Originally Posted by Occifer

Yes and no. The easement does not "belong" to a city or town. An easement is owned by whoever owns the property. If you don't believe that, then simply look at your land survey and property tax records. You pay property taxes on an easement and it is included in a parcel's total area. The same is true for a wetland easement. The basic legal definition of an easement is that it's the "right to use" one person's property by another. The owner does not give up the actual property.

Because an easement is owned by the individual, being on an easement has nothing to do with trespassing. People authorized to work on the easement, such as utility or transportation workers, can't be denied access because they have the legal right to be there. The fact that it might be in a utility easement doesn't give some homeless person the right to pitch a tent in the front part of your yard.

Yes and no. You sure can't build on a city easement without some kind of variance. Same with signage. But, the city can put a street sign in their easement, which could be in someone's yard.

[TXRyan23]

Originally Posted by Occifer

Yes and no. The easement does not "belong" to a city or town. An easement is owned by whoever owns the property. If you don't believe that, then simply look at your land survey and property tax records. You pay property taxes on an easement and it is included in a parcel's total area. The same is true for a wetland easement. The basic legal definition of an easement is that it's the "right to use" one person's property by another. The owner does not give up the actual property.

Because an easement is owned by the individual, being on an easement has nothing to do with trespassing. People authorized to work on the easement, such as utility or transportation workers, can't be denied access because they have the legal right to be there. The fact that it might be in a utility easement doesn't give some homeless person the right to pitch a tent in the front part of your yard.

Very well said.

[TXRyan23]

Originally Posted by vaughanwilliams

Yes and no. You sure can't build on a city easement without some kind of variance. Same with signage. But, the city can put a street sign in their easement, which could be in someone's yard.

The way I've always known it, is that you technically "own" the easement, but that the government can do whatever they want with it, without your permission.

It's mostly due to the fact that they have to have utilities installed and sometimes need to widen a road way and/or add a sidewalk.