Sunday, September 2, 2012
Who is responsible for a community driveway?
From the Queens Courier:
An infuriated Whitestone couple has a bone to pick with the city after they were pinned for violations on 70 square feet of sidewalk outside their property line.
The city’s Department of Transportation (DOT) told Judith and Everett Smith this June to fix two broken and improperly sloped concrete slabs of sidewalk, according to a notice of violation issued by the agency. But the furious pair said the defective squares are not their legal responsibility — pointing to their deed as proof — and instead are connected to an adjacent community driveway, jointly owned by the 22 homeowners on the street.
The 14-foot driveway — or “right of way,” as described in the couple’s mortgage — leads up to a parking area filled with 22 separate garages and belongs to each of the homeowners along 147-23 Willets Point Boulevard.
But since the Smiths’ home is planted directly next to the easement — located in the middle of the residential street — the charge for repairs and role of the lot’s sole caretaker involuntarily came barreling down on the embattled landowners.