In the bustling streets of New York City, sidewalks play a vital role in daily life. They are where customers meet, transactions are made and reputations are built. However, sidewalk easements can pose a hidden threat to both property owners and businesses, leading to costly disputes and reputational damage.
As a property owner or business operator, you must understand the intricacies of sidewalk easements and the responsibilities that come with them.
Responsibilities under the NYC Administrative Code
According to the NYC Administrative Code, property owners are responsible for maintaining and repairing the sidewalks adjacent to their property. This means that they must ensure that the sidewalk is free from hazards such as cracks, debris, potholes and uneven pavement. However, the lines of responsibility can become blurred when it comes to easements.
Disputes and liability concerns
Conflicts can arise when property owners and adjacent businesses disagree over who is responsible for maintaining and repairing a shared sidewalk easement.
For example, if a business has a sidewalk café or outdoor seating area, who would be responsible for ensuring that the sidewalk is clear of debris and obstacles? In some cases, property owners may argue that the business is responsible for maintenance and repair. On the other hand, the business may claim that the property owner is liable.
Liability is another major concern. Property owners can be held responsible for injuries resulting from their failure to maintain and repair the sidewalk. The City of New York may also share liability if it has failed to properly inspect and maintain the sidewalk.
Seeking legal guidance
To avoid disputes and liability concerns, it is essential to establish clear agreements and protocols for maintenance, repair and liability. You might need to negotiate a shared maintenance agreement with your neighbors or work with the City to clarify responsibilities.
If you are facing a dispute over a sidewalk easement, consulting with an experienced real estate litigation attorney can be beneficial. They can help you understand your rights and develop a strategy to protect your interests.
Sidewalk easements in NYC can be a complex and contentious issue. But by taking a proactive approach and seeking proper guidance, you can avoid disputes and ensure that your sidewalks are safe and accessible for all.