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Q & A: Torn up sidewalks

Q & A: Torn up sidewalks

I received this REALLY interesting question from a visitor:

Sidewalks- just noticed that the houses on the streets near my current home with sidewalks are being torn up by the City for some water pipe maintenance/repair. If you had interlock and the City has to do repairs, who pays the cost for repairing it to the original state? Since it is an easement, is it at the homeowners cost?

Thanks to Sharon M-K. for the question!

Because this particular aspect of Real Estate isn’t my area of expertise, I have asked my friend, colleague, and Real Estate Lawyer,
Shaffiq Dar (RealCorp Law – 905-890-REAL) to help answer this question:

If the Municipality has an easement, then the homeowner cannot ‘interfere’ with that land in any way. Thus, if the homeowner wants to interlock his driveway, he must leave the sidewalk as is and not carry out any interlocking on that portion of the land. If he does do so, then unfortunately it is at his risk and the Municipality is under no obligation to return it to its ‘interlocked’ state when it completes any work.

If however, there is no easement (which would be highly unlikely if there is a municipal sidewalk on the property), then the Municipality must return the property to its same condition as it was in before the work was done on the property.

I hope this answers the question!

About Amit Bhandari

In 1982 a couple had a child that was kept in hospital until he was given the all-clear to go home. As soon as it was given, these parents promptly escaped from a maximum security hospital to the Nottingham (England) underground. Today, Amit is wanted for his expertise in real estate within top school boundaries. Suffering through a recession 2008, Amit survives as a Realtor of fortune. If you have a problem, and if no one else can help, maybe you can hire Amit Bhandari.

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