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Attorney: 'Paper streets' generally not city-owned; abutters may hold title
Summary
At the Jan. 30 hearing Associate City Solicitor Tim Reilly told councilors that 'paper streets' shown on subdivision plans are typically owned by abutters and the city has not accepted them for maintenance; residents were advised to consult private counsel about title questions; committee placed the topic on file.
During the Public Works Committee’s Jan. 30 meeting Councilor Mary Beth Pniak-Costello asked whether the city is responsible for maintenance of 'paper streets' that cause overgrowth and health or safety issues for adjacent homeowners.
Associate City Solicitor Tim Reilly responded that a paper street is a road shown on a developer's recorded subdivision plan that was never constructed or accepted as a public way. "The city does not own a paper street," Reilly said. He explained that ownership is often held by abutters (each owning to the centerline) while owners in the subdivision retain an easement-like right to use the path. That status means the city typically has not accepted responsibility to maintain such ways.
Reilly advised residents with questions about ownership or maintenance to consult a private attorney because determining ownership can require title searches and review of subdivision records. Councilor Gary Labrie described local examples where the city has performed cleanup when conditions affected trash pickup or emergency access.
The committee voted to close public input and place the item on file; no change to city policy was made at this meeting.
