Property Owners Rights

[PaulR]

Property Owners Rights

We always talk about trespassers, whether hikers, dog walkers, or even poachers on private property outside of the city, but what about in the city?

While I grew up in Preston (Cambridge now), we left in 72, but returned to Cambridge over 20 years ago. We bought a home in Preston, not far from where I grew up as a child. The house is a very old home, one of the first on the street, and it needed a lot of work.

On the exterior grounds, the front area had been paved over and the previous owner just parked on the “front lawn”, such as it was. I excavated the asphalt, dumped in several loads of fill to bring the property up to the level of the street as the city had raised the road and sidewalk. I then topped the area with topsoil and put in grass. At the same time I put in a side drive where it should be. It took a long time but eventually I had a nice front lawn. I put in a hedge along the one side, and I had a nice rock garden at the end with lots of flowers, the place was starting to look pretty nice.

And the one day the city decided to replace one section of the sidewalk at the end of the hedge. To do this, the rolled the rocks back from my rock garden leaving them on top of the flowers that were planted there. I contacted the city at the time, they said tough luck. This was several years back now.

Last fall I came home to find locate lines painted all over my driveway and front lawn. I called the city, they said they knew nothing about it, advised I call the company that does the locates. I called them, they said “privacy laws” prevent them from saying who requested the locate on my property. Eventually I found out that Ramkey working on behalf Rogers Cable requested the locates. After several weeks, nothing had happened, but then I came home to find all the lines repainted. I contacted Ramkey and was told they would be doing directional drilling to replace some wiring. The assured me there would be no damage.

A few days later I came home to find a 4 foot deep 5 feet long and 3 feet wide dug in my front lawn. All the dirt and rocks were piled along the side of the trench on my lawn as well. This pit and all the rubble remained there for several weeks, once in a while the contractor would come around, have lunch, throw their trash in the pit, but didn’t do much else.

I called the city only to be told that they have that right as the city claims ownership of my front lawn almost to my front porch. I was also told that the contractor would be repairing any damages. The contractor’s idea was to shovel everything back in the pit, along with their trash from lunch, leaving all the rocks and gravel on the surface and dumping some weed seed on top. With all the rocks and debris on the surface, I certainly can’t take my lawn mower through there, and the city refuses to do anything about it. They say the work “is good enough”. So the area sits uncut, full of rocks and weeds.

Recently I bought a second property here in Preston for my son and his family. There is road construction going on a block away, not a big deal, but the other day when I went to pick up my granddaughter, the city had place a large construction sign, one of those that say this project to be completed July 2016 on the front of the property. One of those big wooden signs with sandbags to hold it in place. They decided the best spot for the sign was on top of a flower bed with the samd bags crushing the flowers and a rose bush. I called the public works department, the reply from them was “not their fault, contractors” but they would look into it. Nothing about the damage done, just that they would have it removed. There was lots of room where this sign could have gone, even the city owned parking lot across the street, but they had to put it on top of a flower garden.

Where do they hire these idiots?

So as a property owner, and a tax payer, where are my rights? The city allows contractors to destroy lawns and gardens and claim they have the right. And yet they demand that the property owners maintain the property, they demand that the home owner has to clear the snow. And when they destroy private property, they say the home owner is responsible for the repairs.

When I move here I put a lot of work into improving the property, I am not going to do it again without compensation. Where are my rights?

[JoePa]

Sounds to me like you should get yourself a lawyer and do some suing to get some money to repair the damage - as far as the city claiming to own the property up to your front porch - is this true - and if so did you look into this before you bought the place - down here we have what you call a small claims court where you can file a complaint against a party and it only costs you a couple bucks to do that - the other party has to respond and you both end up in front of a magistrate who will decide if you are owed any money

[Fox]

If it is your property then you should be able to do something about it but I bet it would require a lawyer.

Check your survey, there may be an allowance fr the city, they can go on there and destroy whatever they want without saying a thing.

[jaycee]

Just a suggestion, but you should look at the deed to your property and find out exactly where your lot lines are, as you said the city claims ownership almost to your front porch .
Something is wrong there as in most cases home owners in the city own up to the sidewalk if there is one .

[trimmer21]

Just a suggestion, but you should look at the deed to your property and find out exactly where your lot lines are, as you said the city claims ownership almost to your front porch .
Something is wrong there as in most cases home owners in the city own up to the sidewalk if there is one .

Residents are usually very surprised to find where their property lines actually are as opposed to where they think they are. In old neighborhoods,it's not uncommon to find frontage lines within 3' of the front of the house. If that's the case,the city can do what they need to do without notice and there's not a lot one can do about it. Our neighborhood is relatively new (less than 15 yrs old) where several neighbors have paid many thousands of dollars to put interlocking stone driveways all the way to the street. In some cases,along comes the Region crews to replace water shut offs,dig up the interlocking on Region property (boulevard) and repair/replace the water valves. Are they required to replace the interlocking stone? NOPE! They're only required to repave IF the driveway was paved,initially. Other than that,it's filled with gravel. The rest is up to the homeowner. It sure sux,but,that's the risk you take.

[TurkeyObsessed]

I did work as contractors for the city some times years ago ( mostly tree and hard scape landscaping) unless you are certain, you may be very surprised to find out where your front property line actually is. Some houses we worked at the line was literally as soon as they came off there front porch! A safe guess is to look for the water shut off valve on your property if there is one, and that will give you an idea of where the city owns up to. The sign in the flower bed is B.S. and should be moved....Best of luck, not fun dealing with the city!

[PaulR]

I don't question how far in the city claims control of the property, but if they expect that I will maintain it, they dam well better not be coming in and destroy it.

[Sharon]

Residents are usually very surprised to find where their property lines actually are as opposed to where they think they are. In old neighborhoods,it's not uncommon to find frontage lines within 3' of the front of the house. If that's the case,the city can do what they need to do without notice and there's not a lot one can do about it. Our neighborhood is relatively new (less than 15 yrs old) where several neighbors have paid many thousands of dollars to put interlocking stone driveways all the way to the street. In some cases,along comes the Region crews to replace water shut offs,dig up the interlocking on Region property (boulevard) and repair/replace the water valves. Are they required to replace the interlocking stone? NOPE! They're only required to repave IF the driveway was paved,initially. Other than that,it's filled with gravel. The rest is up to the homeowner. It sure sux,but,that's the risk you take.

Very true.
We lost a large round - a - bout driveway + island on the front when Commissioners Road was widened.
Also found out this summer that there is a city right -of-way along out back yard. Fence has to be moved and we're losing about 6 feet including a 300 year old oak tree. I'm sure we are one of many who were unaware where the true property lines were - where the fence is doesn't always tell the whole story.

PS Fence had been there since 1980.

[TroutSlayer]

I have been involved with local utilities for 40 years. It always amazed me how many home owners have no idea of existing right of ways for gas, hydro, bell, cable, water and sewer as well as having no idea where their property actually ends. All of these important facts are made aware to the purchaser of the property when it changes hands.

[trimmer21]

I have been involved with local utilities for 40 years. It always amazed me how many home owners have no idea of existing right of ways for gas, hydro, bell, cable, water and sewer as well as having no idea where their property actually ends. All of these important facts are made aware to the purchaser of the property when it changes hands.

I learned the hard way to insist on a current survey and actually read it while you measure it when buying a home or property. I almost bought a lot where the neighbors new garage was built half on the property for sale (vacant lot). Our R/E agent showed the current owner who nearly went ballistic and the war was on with neighbor. I wasn't about to get in the middle,so,I found another lot,but,that other battle dragged on for many months.