![]() ![]() In Haverford Township, where I live, local code addresses sidewalk maintenance/repair, as well as snow and ice removal. I plan to address sovereign immunity in a later post, but suffice it to say for purposes of this post that the owner of property that is bordered by public sidewalk is primarily liable for damages caused by a dangerous sidewalk condition. With regard to state law, sidewalk liability is addressed in Pennsylvania’s sovereign immunity statute. However, the ownership of the property and sidewalk are of no consequence, because sidewalk responsibilities are prescribed by statute.īoth state law and local code provide the statutory framework. If you examine your deed, it likely contains a property description, followed by a list of “subject to” exceptions, the most common of which are easements for utilities and sidewalks. An easement is a right of use of one party over the property of another party. Sidewalks are within the public right-of-way that is, you may own the property, but the property is subject to an easement owned by the municipality. ![]() Generally, whoever owns or controls property adjacent to a sidewalk is responsible both for keeping the sidewalk in good repair and for keeping the sidewalk free of snow, ice, debris, or anything that can cause an unsafe condition.īut isn’t the sidewalk public property? Sort of. ![]()
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