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Can a municipality pave private property w/o property owner's permission?

Meriden, CT |

Our street legally ends just before our second driveway. The remaining road is about 150 feet; it connects to an adjacent business. We own about 3/4 of the way across; neighbor across the street owns the remaining 1/4. City came in and paved the street, paving also that last 150 feet of privately owned road. Because they changed the grade/pitch of the road, eliminated the gravel-only part that helped prevent flooding, and removed the burr we had put in to prevent flooding, we are now experiencing run-off flooding. We told engineers the day they paved that flooding would occur. We asked if they knew where street legally ended. They did. But they went forward anyway. Now we have flooding problems. Did they have legal obligation to at least consult us first before paving our property?

Attorney Answers 1

Posted

If you are correct about where the street ends and your property begins - then there was a legal obligation for the municipality to get permission before entering your property for the purpose of paving your land. However, the situation is not so clear in case there is an easement for access across your land to the adjacent business. Especially if that business requested the municipality to pave the easement. You need to consult a local real property attorney regarding such questions, which require careful investigation and some legal research.

You are not my client. I am not your attorney. The above comments are not confidential, not "legal advice", and not "legal opinion". I am licensed as a patent attorney and in the State of Connecticut. Retain and consult an appropriately licensed attorney to identify the laws and facts material to your concerns.

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Asker

Posted

Thank you so much for your reply.

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