Page 3 - Green Tree Borough Fall Newsletter 2021

From the desk of Louis A. Casadei, P.E., Borough Engineer
Easements vs. Rights-of-Ways
I would like to take this opportunity to describe the difference between an easement and right-of-way. We get a fair number of inquiries from residents about what can be done within the “right-of-way” in their back yard, and I believe the topic merits a detailed explanation. Easements differ from rights-of-ways in that an easement is an area drawn over a piece of property that gives the holder of the easement permission to enter the property, usually for maintenance of a utility. Some easements allow people to pass over another person’s property, and they are called Access Easements. As with all easements, the property under the easement is not owned by the easement holder.
Rights-of-ways are properties owned in fee. Roads, streets and sometimes power lines are located in rights-of-ways. The entity that owns the street or power line owns the property under it. There are also instances of “paper streets” where a municipality owns the property, but the street was never paved. The paper street is owned by the municipality and is only used by the adjoining property owners. There really is not a hard, fast rule about where a street is located within a right-of-way. I get asked a lot about where the edge of the right-of-way is in relation to the street. Green Tree has both 40’ and 50’ rights-of-ways and the streets are usually 24’ wide. The paved street can be located anywhere within the right-of-way and especially on curves is not necessarily located in the center.
So, if you have a utility line or sewer in your yard it is most likely an easement. You own the property and the entity named on the easement has certain rights to use the easement for access and maintenance. Construction by the property owner is limited on easements and is usually restricted to fences, sheds and other temporary structures with the understanding that the property owner must move the temporary structure at his/her cost if the holder of the easement needs to access the utility in it. Easements are recorded with the deed to the property and usually are plotted on the survey. If you have a question as to the existence or limits of an easement on your property you will need to acquire the services of a surveyor who can do the deed research and draw up a survey showing your property and the limits of any easements across the property. If you have an easement on your property, it is advised that you check with the easement holder before planning any activities within the easement to assure you are not violating the easement agreement before you start.
If you are unsure as to the existence of an easement on your property you can perform a PA One Call by dialing 811 on your phone and supplying the requested information. All utility owners will mark their utilities on your property or notify you that none exist. If there is a utility crossing your property it is most likely within an easement and you will be restricted as to what you can do within the easement. The call is free so you will not be charged for the information provided.
Finance Art Tintori, Chair
Green Tree Borough remains on a steady nancial course after the 2020/2021 coronavirus shutdowns and the many changes that came with it. Money was saved in a number of avenues including cutbacks on road repaving in 2021 and the cancellation of the Summer Recreation Program. Expenses
increased substantially in 2020 and 2021 on PPE (personal protection equipment) such as increased sanitizing of all borough facilities, installation of plexiglass safety dividers, directional signs and stickers, face masks, and hand sanitizer stations. Funds received through the CARES Act assisted with some of these expenses.
Keeping in mind the many changes brought about by the COVID-19 pandemic, the Finance Committee will begin working with the Borough Manager over the next few months in preparing the 2022 budget and it will be available for review at greentreeboro.com shortly after November 15th.
As always, we welcome the public’s input.
Octoberfest
Octoberfest has been cancelled for 2021. This was announced several months ago.
Preparing for this event takes
almost a full year of sched-
uling and planning. At
the beginning of 2021, the
Octoberfest Committee needed
to make the decision. There was no
way to predict what the severity of the pandemic would bring nine months later or know whether federal and state of cials would permit large gatherings like Octoberfest.
The committee hopes to be able to bring back Octoberfest in September 2022 after a two year hiatus. Check back at the beginning of next year for dates and details.
Interested in helping get Octoberfest back on its feet? Do you have ideas to make it bigger and better than ever? Email rca@greentreeboro.com to volunteer or for more information. Helping hands are needed to be part of the committee and help make Green Tree Octoberfest a continued success.
Borough of Green Tree Fall 2021 Page 3