The Brentwood Borough has been receiving an increasing number of calls from residents regarding issues such as high grass , fallen trees , and other maintenance concerns on " paper streets " throughout the Borough . Many residents have expressed frustration and confusion when informed that the Borough is not responsible for maintaining these areas . This article aims to shed light on the nature of paper streets and clarify the responsibilities of property owners and the Borough regarding these often misunderstood thoroughfares . By understanding what constitutes a paper street and the associated obligations , we hope to address residents ' concerns and prevent future misunderstandings on this topic . Q : What is a " Paper Street "? A : A " paper street " is a street or road that appears on a subdivision plan or map but has never been constructed or dedicated to the public for use . These streets exist only on paper , hence the term " paper street ." Q . Who is responsible for maintaining paper streets ? A : Unless there is a formal acceptance or use by the Borough , the abutting property owners own the “ paper street .” In fact , “ paper streets ” are only a Borough concern when public utilities are located on such land . Even then , the Borough bears no responsibility for the upkeep or the maintenance of the “ paper street ” because , by the very definition of “ paper street ”, the Borough never adopted or used the “ paper street ” as an official Borough road . Thus , trees and other conditions on the “ paper street ” are the responsibility of the abutting property owners . If there are property owners on either side of the “ paper street ”, each property owner is responsible up to the centerline of said “ paper street .”
Q . But what if the Borough has inadvertently maintained a paper street in the past ?
A : Even if the Borough has inadvertently performed maintenance on a paper street in the past , such as plowing snow or trimming vegetation , this does not change the legal status of the paper street or the Borough ' s responsibilities . Paper streets remain the responsibility of the adjacent property owners .
Q . What happens if a tree located on a paper street falls onto an adjacent property ?
A : If a tree located on a paper street falls onto an adjacent property , the property owner whose property abuts the paper street , is typically responsible for addressing the fallen tree and any resulting damage . The Borough is not liable for trees or other issues arising from paper streets since these areas are not Borough-owned or maintained . Q . What Can I Do on a Paper Street ? A : Because an abutting property owner in fact usually owns the " paper street ," he or she may use the " paper street ' subject to easements for public utilities and subject to the rights
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" THE MYSTERY OF PAPER STREETS : EXPLAINED "
others have for access . Thus , a property owner could NOT erect lawfully a fence across a paper street and any others access ; nor could the property owner build a structure on the " paper street " over municipal water and sewer lines .
Q . How Can a Homeowner Acquire Formal Title to a Paper Street ?
A : If an abutting property owner desires to obtain formal title to the center portion of a " paper street ," he may do so but the process is both time consuming and somewhat expensive . First , the homeowner must ascertain whether any utility lines are located within the " paper street ." If so , the Borough will not agree to formally vacate the " paper street " so that it may have access to repair and maintain such utilities . The reason why a municipality will not vacate a " paper street " which contains utilities is because the Pennsylvania Supreme Court has held that a municipality can not legally vacate a street and at the same time reserve itself an easement to access utilities within the boundaries of the vacated street . If the abutting property owner ascertains that no utilities are located within the " paper street ," a qualified engineer must then be retained to ascertain and plot the center line of the " paper street " as well as all easements . Based upon such engineering plans , a formal petition is then presented to the Borough , signed by all abutting property owners , north , south , east and west , consenting to the " vacation " of the " paper street ." If approved by the Borough , then a Quit-Claim Deed must be prepared by an attorney for presentment to the Borough to relinquish any right and title it may have in such tract . If the Borough approves the Deed , it may be filed subject to other easements of record .
It ' s essential for property owners to understand their obligations regarding paper streets adjacent to their properties . Maintaining these areas , including trimming vegetation and addressing potential hazards like unstable trees , is the responsibility of the property owner , not the Borough .
By clarifying the nature of paper streets and the associated responsibilities , we hope to ensure that all residents are aware of their duties in maintaining these areas and preventing potential issues that could affect neighboring properties .
This article is intended solely for informational purposes and does not constitute legal advice or a legal opinion . The information provided is based on general principles and may not apply to specific situations . For additional clarification or guidance regarding paper streets and associated legal responsibilities , please consult an attorney or other qualified legal professional . The Borough of Brentwood shall not be held liable for any claims , losses , or damages arising from the use or misuse of the information contained herein . rentwood
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