My husband and I moved into a townhome complex that we are renting from for a few years. Our townhome is tucked in the back and there is a sidewalk that runs along another Townhome that goes to the public road. Otherwise you need to walk down the steep shared driveway to the public road (it also is mossy and it rains alot here so gets kinda slippery). The sidewalk in question runs along the side of their townhome. Their backyard and front door both access off this sidewalk (ie there isn’t a direct access from their house to their backyard without using the sidewalk).
Because it was the only sidewalk, I started to use it without thinking much of it. One day the owner of the townhome was sitting in their backyard and as I walked by told me it was private and I couldn’t use it. So I apologized and stopped using it.
I work in Civil Engineering and thought “im pretty sure that sidewalk is required for those who dont have a front door off the main road can have a safe protected walking path”. I looked at the County assessor page and found the recorded Plat of the greater townhome development. As I thought, there was a pedestrian access easement across the sidewalk that runs along the side of their townhome. It is written that the access easement is able to be used by the other townhomes and yes, it is legally required to be allowed.
So I was like “cool im technically allowed to use it, but I won’t use it often out of respect for them”. Today I was walking my dog with a hand full of groceries and decided to use the sidewalk. She was sitting outside again and just kinda gave me a look. She ended up moving a trash bin and chair to block the walkway after the fact.
I am not really sure what to do at this point because I dont want to start beef over a sidewalk easement but technically those living in the complex are legally allowed to use it, even tho its within their property line. I can only assume she doesn’t know it exists and everyone else she’s told in the past hasn’t questioned it. The only reason I really thought about it is because I do this everyday for work.
Anyway AITA for being told not to use a sidewalk that crosses private property, even though there is an access easement recorded with the County that allows my access?
TLDR: live in townhome complex. only sidewalk to public road is on neighbors property. she doesn’t know its in an access easement which means I can use it and basically started blocking it off after she noticed I started to use it
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My husband and I moved into a townhome complex that we are renting from for a few years. Our townhome is tucked in the back and there is a sidewalk that runs along another Townhome that goes to the public road. Otherwise you need to walk down the steep shared driveway to the public road (it also is mossy and it rains alot here so gets kinda slippery). The sidewalk in question runs along the side of their townhome. Their backyard and front door both access off this sidewalk (ie there isn’t a direct access from their house to their backyard without using the sidewalk).
Because it was the only sidewalk, I started to use it without thinking much of it. One day the owner of the townhome was sitting in their backyard and as I walked by told me it was private and I couldn’t use it. So I apologized and stopped using it.
I work in Civil Engineering and thought “im pretty sure that sidewalk is required for those who dont have a front door off the main road can have a safe protected walking path”. I looked at the County assessor page and found the recorded Plat of the greater townhome development. As I thought, there was a pedestrian access easement across the sidewalk that runs along the side of their townhome. It is written that the access easement is able to be used by the other townhomes and yes, it is legally required to be allowed.
So I was like “cool im technically allowed to use it, but I won’t use it often out of respect for them”. Today I was walking my dog with a hand full of groceries and decided to use the sidewalk. She was sitting outside again and just kinda gave me a look. She ended up moving a trash bin and chair to block the walkway after the fact.
I am not really sure what to do at this point because I dont want to start beef over a sidewalk easement but technically those living in the complex are legally allowed to use it, even tho its within their property line. I can only assume she doesn’t know it exists and everyone else she’s told in the past hasn’t questioned it. The only reason I really thought about it is because I do this everyday for work.
Anyway AITA for being told not to use a sidewalk that crosses private property, even though there is an access easement recorded with the County that allows my access?
TLDR: live in townhome complex. only sidewalk to public road is on neighbors property. she doesn’t know its in an access easement which means I can use it and basically started blocking it off after she noticed I started to use it
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OP has offered the following explanation for why they think they might be the asshole:
> I think I am the asshole because she asked me not to use it but I used it anyways. But technically legally I am allowed it
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Contest mode is 1.5 hours long on this post.
NTA – if there was no difference in which way you walked, sure maybe, but this is the easiest and best way and you’re entitled to access it.
NTA
> I dont want to start beef over a sidewalk easement
You did not.
NTA. You are paying for the full use of your townhome and the complex’s common grounds. Neighbor doesn’t get to deny you that right. Neighbors are being AHs.
You’re renting? Take pics of chair and trashbin and gently ask your landlord who you should contact about this.
> I dont want to start beef over a sidewalk easement
NTA You aren’t starting anything: he is trying to force you off the pedestrian access that you are entitled to use. It’s also a safety issue.
Why are you even vaguely thinking that you might be the arsehole?
Just show her what you found and tell her that its a public pedestrian easement. too bad if she doesn’t like it. NTA
NTA. Time to educate your neighbor.
NTA
They started it so you should finish it
Make a copy of what you found and share it with your neighbor. They may not like it, but rules are rules.
If they give you further grief, bring the landlord into the picture.
NTA.
The neighbor likely doesn’t have a clue that it’s a pedestrian easement. No need for anyone to be AH here. Tell them what you found out and see what happens.
Plenty of room for them to be AH after that if they choose to.
You’re NTA regardless.
Tell her what you do for a living so she will understand that you know EXACTLY what you are talking about and aren’t someone to be messed with. 💪💪
Let your landlord start it talk to him about it. Tell him what you found out.
NTA
Honestly, the biggest AH here is whoever designed it so a public walking path went through someone’s private property or drew the property line over a public walking path (not really sure how that works, but it seems like an oversight on someone part.)
Your neighbor is kinda petty for letting this bother them and blocking the path.
However, from their perspective, that is their private property, they told you it was their private property, you seemingly agreed to stay off of it, and now you’re just ignoring that for no reason.
If you continue to use it with them still having the perspective you’re traipsing through their pathway with no regard for their space after they’ve taken measures to block it off, you’re likely going to have beef.
Its up to you wither or not the likely impending confrontation is worth it, but if you continue to use the path next time you see them you might want to try taking the initiative to have a conversation about the situation so you can at least air out that you’re not doing this out of disrespect for them and their property. You’re using it because it’s a public path that’s safer for you to use.
ESH, if you want to be NTA it requires actually having a conversation with your neighbor about it directly. You may be in the right, but letting them stew in their ignorance and asserting yourself will only cause more problems
NTA – if the path runs beyond their house I would think it’s obvious to anyone that more than one house can use it. If it stops at their front/back door then it’s a different story
So, from your description, it sounds like using your front walk/driveway can be hazardous, but using this easement walk is safer.
However, the developers figured no one would walk much, so it was okay to stick that property with an easement on what SHOULD be a private sidewalk.
NTA, but I’d try to use the walk as little as possible.
Print it and put it in their letterbox
Get off of my lawwnnnn
NTA. Legally you are in the right. Hell, they may even know that but have just gotten away all this time with scaring people off. If they confront you again, just tell them the facts. If they don’t like it, well, they’ll just have to deal with it.
Be careful, don’t want to end up on an episode of fear thy neighbor.
NAH. You will have to tell them you have access rights. I would be annoyed too if someone kept using what I thought was my own path. Your neighbour just thinks you’re being an asshole until they know different, tell them politely, if it’s still an issue after that, then they’re being an asshole.
Ps. You might need proof.
NTA! Even though you are not obligated at all to do this, bring her a local treat and ask to chat. Show her the info you found, and explain you don’t want to inconvenience her but just use the space pleasantly and cohesively as you’re both entitled.
If that doesn’t work, bring to LL and if you mention talk of HOA and/or bylaw they will step in real quick!
ESH. Neighbours are not entitled to claim it as theirs, but have you considered telling them the reality of the situation? No, you have come to Reddit for a big heaping serve of validation. What makes it worse is that it appears to be be your vocation. What happens at work when you have to explain a situation like this. Do you just ask Reddit and give them a link? Here’s something to consider, they are going to keep believing they are right until they are told otherwise. You are not creating a beef, but you are allowing the situation to fester because you seem too afraid to confront someone with the facts. Have a cup of concrete and harden up.
I believe your neighbor is violating the law (zoning?) by blocking your access to a public sidewalk. That could be dangerous if you need to evacuate due to an emergency (fire/earthquake), especially after dark.
Does the townhome project have an HOA you can appeal to? If not, you may need to call county enforcement or your local police to set your neighbor straight.
Whichever way you decide to handle this, the first step should always be communication. She needs to be educated on what is and is not her private property. It should be done in a friendly manner if at all possible.
If that fails, then you need to escalate the matter to appropriate authorities.
All post regarding neighborhood conflicts are an auto ESH. Since you live close to one another, you two should try harder to get along.
Politely tell her your reasoning, and respect if she says no.
I think the only way to really answer the question is to ask yourself, in all honesty, how you would feel about if roles were reversed. If that was your town home, would you be bothered by neighbors using the walkway? If it would bother you, then yes, YTA, despite legalities. The thing is, without a diagram, the rest of us here lack sufficient information to make a qualified judgment of WTA here, legal technicalities notwithstanding. The devil is in the details.
You are NTA at all. The neighbor may not know this, so let them know. They may have been told this by prior tenant and they believed it to be true. Who knows? Once they know you may never have another problem. But if you do, involve the landlord.
No. You should send them that information. Or if they block the sidewalk, pin a notice about the easement on it with a friendly “Hey! I wanted to check this, and I found this information.”
If this person continues to stake a claim to that sidewalk, you should address it with the Homeowners Association. A sidewalk is for the use of all members of the community.
This is a common problem with people living in these types of communities. For example: a sidewalk will run very close to someone’s dining or living room. The owners don’t want people walking pass the living room, because it feels like their privacy is being invaded. However, the sidewalk belongs to the entire community.
You can always ‘play dumb’ something like
Heya! I was talking with the landlord the other day, about the moss on the driveway and they let me know that the sidewalk that runs through here is actually part of a public easement. I honestly didn’t even realize that before, but apparently it’s meant to be accessible for everyone! Obviously I try not to use it much, but there are certain times when it’s just way easier than going up the driveway. Just wanted to give you a heads up!
NTA. You’re not being unreasonable here mate
This is what HOA’s are for. Contact them about this issue and provide the proof you found, although I can guarantee the same documents are in the townhome’s “Covenants, Conditions and Restrictions” (CCRs) possibly duplicated in the Bylaws.
NTA…I wouldnt confront or talk to them. Theyre not friendly and not approachable. Id push their crap to the side and keep trucking. Let them be as angry and pissed off as they choose to be. Its theyre choice and not yours. I definately wouldn’t argue with them. It wont end well. Just let them live in that pissy little hateful world by themselves.
NTA – but I suggest you have a word with your neighbours to clear things up for her.