Property lines and municipal right-of-way boundaries often divide homeowner expectations from local government jurisdiction, particularly regarding the maintenance of grassy areas and trees located between sidewalks and curbs. According to municipal codes in cities across the United States, the narrow strip of land often referred to as the “hell strip” or parkway typically sits on public property, even though adjacent homeowners frequently assume responsibility for its upkeep.
Municipal Ownership Versus Homeowner Maintenance
Property deeds generally outline precise boundary lines, but many urban and suburban residential parcels include a public right-of-way easement extending beyond the private property line. According to municipal departments of transportation and public works, the strip of grass and dirt between the sidewalk and the street—or between the property line and the curb where no sidewalk exists—usually belongs to the city or county. Despite this public ownership, local ordinances in numerous jurisdictions hold property owners liable for maintaining the adjacent strip, requiring them to mow the grass, rake leaves, and clear snow.
Street Tree Regulations and Liability
Trees planted within the public right-of-way, commonly known as street trees, are subject to strict municipal oversight that limits what individual homeowners can alter or remove. According to urban forestry guidelines published by city governments, residents must frequently obtain special permits before pruning, treating, or removing trees located in the parkway strip. If a street tree causes damage to municipal infrastructure such as sidewalks or underground sewer lines, liability questions depend on local statutes, though cities frequently retain ultimate authority over the management and removal of these plantings.
HOA Covenants and Local Ordinances
Homeowners associations (HOAs) often enforce community standards that overlap with or contradict municipal right-of-way rules. According to real estate legal experts, while an HOA can mandate specific landscaping standards for front yards and visible parkway strips, private community rules cannot override local government ordinances regarding public property. When municipal codes require public access or prohibit certain plantings in the right-of-way, individual homeowners must comply with city or county law regardless of HOA guidelines.
FAQ
Who owns the grass strip between the sidewalk and the street?
In most municipalities, that strip of land is part of the public right-of-way owned by the city or county, even though adjacent property owners usually maintain it.
Can homeowners remove a tree located in the parkway?
Usually no. According to municipal forestry departments, street trees are publicly managed, and residents must secure a permit before cutting down or heavily pruning them.
Are homeowners liable if someone trips on the public grass strip?
Liability varies by jurisdiction. Local ordinances frequently dictate whether the city or the adjacent property owner bears responsibility for maintaining safe conditions in the public right-of-way.
Keep reading