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I live in a deed restricted community in Pinellas County. We…

I live in a...

I live in a deed restricted community in Pinellas County. We have a side walk and lips for the driveway, The sidewalk is owned by the county. Neighbor puts in a new driveway of pavers etc., and goes over the sidewalk with this same material. individual trips and falls and is hurt. who is responsible hoa or county or is the individual that changed the sidewalk that was constructed there

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

Florida State Pinellas County

Lawyer's Assistant: Has any paperwork been filed?

Paperwork regarding obtaining permits not that I am aware of

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am aware that you have to obtain a permit to change your driveway, and I do know that the roads and sidewalks belong to Pinellas County, but because this was changed the county is claiming that they are not responsible. Is this true

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3/7/2018
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,083
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

I would opine that the property owner who installed the new driveway and created a tripping hazard over the sidewalk is liable here because they created a dangerous condition where before their actions there was none..

.

.

thanks

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,083
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Barrister and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 5 months ago
had this person not changed the sidewalk and someone tripped would the county be responsible, since the roads and sidewalks are owned and maintained by the county. I do understand that if you live in a gated community this would not apply as the HOA would be required to maintain the roads and sidewalks

So had this person not changed the sidewalk and someone tripped would the county be responsible

.

I would opine yes if there was some unreasonably dangerous condition that was created by the installation or improper maintenance of the sidewalk, like if a tree root pushed up a county owned sidewalk and created a tripping hazard that they didn't fix.

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