The Legal Eagle on Clearing Snow from Sidewalks

The Legal Eagle was back on the air Monday morning.  David Shulman joined Andy Brownell in the KROC-AM studio for the Rochester Today show and filed questions from listeners about a variety of legal issues.

One caller was an 85-year-old man facing the daunting task of keeping his sidewalk clear of snow and ice through the winter. He mistakenly believed the sidewalk was on city property, and the Legal Eagle explained the system of easements used by cities to provide for movement by the public. It basically means, a property owner's stake actually runs to the middle of the street, but the easement provides for the installation of the roadway and the sidewalk.

Unfortunately, the small print on the deed for the property also includes language that makes it clear the responsibility for maintaining the sidewalk (i.e. shoveling) falls on the property owner.

David did suggest it might be possible to explore a legal claim against the city if it could be proved negligence was involved in the process of removing snow from the road in cases where it spills onto the sidewalk, but that would likely require the services of an attorney willing to pursue a class-action case.

Listen to the show through the above YouTube post.