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Snowbound parking

Posted by Rona Fischman December 19, 2007 06:13 PM

Look out into the street this week and you will see people who do not understand the difference between private and public property. Empty curbside parking spaces are on public property. However, the convention has been that clearing a spot gives one “shoveler’s rights” until the thaw.

From a real estate point of view, the answer is clear: if the spot is on a public street, you do not own it and cannot reserve it. Boston now removes markers. Some local urban towns do not.

Now, advice for home-buyers:
1. Condo parking can be deeded or assigned. If it is deeded, you own the spot you park on; if assigned, the condo association can change your assigned spot.
2. If you live on a private way, you really do own the street. The good part is you can park there and reserve it. The bad part is that you pave it, too.
3. Some condo associations pay for plowing, some don’t.
4. Consider this when evaluating local on-street parking: one side of the street will have parking bans during snow emergencies and also for street cleaning.

Clearly, emotions run high on snow parking, even though the “real estate” rules of it are obvious. A professional man with whom I do business, who I like and who I think of as sensible, told me this tale:
After a heavy snowfall in the late 1990’s, he spent an hour and a half shoveling a spot. When he left, he marked it with a folding chair. When he returned, the chair was on the sidewalk, another car in “his” spot. He didn’t do anything to damage the car; he left no threatening or insulting note. Instead, he spent an hour shoveling snow back onto the parking space and the car parked there and skipped his daily gym workout.

Be careful out there, greater Boston is pretty slippery right now!


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21 comments so far...
  1. This idea of a marked public spot is new to me (just moved to an inner suburb earlier this year). I saw a couple spots today w/a post office mail bin marked on it. Is this something that happens even in Newton?

    Posted by Mike December 19, 07 10:30 PM
  1. "Boston now removes markers."

    You have not been in South Boston or Charlestown lately... have you?

    Posted by Chilipepr December 20, 07 08:10 AM
  1. I live in Dorchester, and I can assure you that the folding chairs will be out for another week or so, depending on the snow melt.

    Posted by john December 20, 07 03:55 PM
  1. can someone explain why anyone can claim a public/resident parking spot just because they shoveled it out? as logic would indicate, one needs to shovel their car OUT in order to drive OUT. once you leave the spot, it should be fair game for anyone to park.

    Posted by tobeornottobe December 20, 07 04:31 PM
  1. why can't the City of Boston post a map on the city web site that shows what streets where parking is banned during a Snow Emergency, and where the garages are that residents can use ?

    Posted by preston December 20, 07 08:35 PM
  1. I am selling my condo in Somerville for $339K with a one car garage that is street level so you can go from garage to unit with ease - 900sq ft, all hard wood, stainless appliances, granite, back yard, etc... - If you are sick of shoveling, fighting over spots and in the market email me at .....

    Posted by Pete December 21, 07 01:21 PM
  1. I see you some folks never actually had to deal with this stuff! Some folks live in fantasyland.

    Yeah, tell me all about 'confusing public property with private'. Right. Explain to you the logic. Sure.
    YOU deal with the reality of having on-street parking in the winter in Boston, THEN preach to me. There ARE no public garages where people can park. There IS no place to put the snow. You live here and shovel your spot, then tell me what you feel when I park there. You drive home for three hours to find your spot taken, then drive around for another half hour to find a spot that isn't already taken, park in a snow bank, then trudge to see your family. You get up an hour earlier than usual to dig the car BACK out because the snow turned into ice overnight, than do it ALL again. After THAT school me some. Until then, can it!

    Posted by Chris December 21, 07 01:55 PM
  1. I have lived in Somerville or Cambridge since the early eighties. I know what a pain this is.
    It is clear that some drivers follow one set of rules and another the other set. What is to be done about this?
    Boston has been picking up markers. I don't know where or how often. Has anyone had theirs picked up this year?
    Those who hate this need to buy or rent with off-street parking. Good try, Pete, but I had to remove your contact info!

    Posted by Rona December 21, 07 04:37 PM
  1. On the street in East Boston that I live on for about 7 years in the late 80s and early 90s there were a few people that moved folding chairs and the like to take parking spaces other people spent hours shoveling.

    Of course those fools have never been seen since.

    Posted by Rich Rosa December 21, 07 06:30 PM
  1. I think it's interesting that certain parts of the city have been mentioned as areas where spot markers are used. Let's see: South Boston, Charlestown, Dorchester, and East Boston.

    Notice a pattern? These are the neighborhoods where "townies" live. In other words, the inconsiderate Boston locals that give this city a reputation for being the rudest in the country.

    Note what towns and neighborhoods are not mentioned: Back Bay, Fenway, Newton, Cambridge and so forth. This is where the people from other parts of the country live when the move to Boston. That's because in most parts of the country people understand that they don't own public spot just because they moved some snow out of it.

    So for all of you people defending this practice, fine. But just understand that as long as that attitude prevails, your neighborhoods will continue to be thought of as backwards.

    Posted by John December 22, 07 10:05 AM
  1. Other then the city spending money on paying people to remove markers, it should Spend the money on cleaning the streets,
    Once the streets are clean the parking crisis ends.
    In South Boston they stop street cleaning at the end on November. if they use street cleaning rules after a snow storm all the problems people are having will go away with the cleaning trucks.
    Also
    Why is my sidewalk in South Boston still iced up when in the Back Bay i can eat off almost any curb?
    Is there a new preferred traction law?

    Posted by Jeff Green December 22, 07 01:07 PM
  1. Mr. Back Bay/Newton/Cambridge/Fenway,
    Please shovel your overpriced BMW SUV out of the snow, and make a nice spot for yourself. Clear the snow around it, front and back. And guess what? If you and everyone did this, no one would have to claim their spot. It's the lazy folks who just don't get it. You probably came here, went to BU or Harvard, and now refer to us, the residents of this great city, as "backwards". All you folks who don't understand this practice just don't get it. You shovel for 3-4 hours. You get the spot. And to the author, you too are a fool. The city of Boston doesn't clear our cars out. So we do! Those folks who don't shovel are the ones who don't get it. And these are your Back Bay, Newton, Cambridge folks. And these folks aren't even from here.

    Thanks.

    Posted by Jack December 22, 07 05:32 PM
  1. The city does put snow emergency information on its website, and also a list of garages where you can park your cars overnight, at discounted rates.

    May I suggest checking out the city's website, at http://cityofboston.gov

    Posted by John K December 23, 07 04:27 PM
  1. I lived in southie for a few years during the 90s. It's an respect your elders kind of thing. I mostly just stopped using my car during the heavy storms.

    Posted by Ted December 23, 07 09:03 PM
  1. ROOM FOR THOUGHT! IF PEOPLE DID NOT SHOVEL SPOTS,THE CITY WOULD NOT,WHICH MEANS THAT ONCE SNOW ICES UP THERE WOULD BE EVEN LESS SPOTS...............I THINK CITY SHOULD SPEND MORE TIME CREATING PARKING SPACES TWO WAYS TO CREATE PARKING,ONE STOP FRAUDULANT HANDICAPPED PARKING SPOTS,TWO IS BUS STOPS DONT NEED ALL THE SPACE THEY HAVE BECAUSE HALF THE TIME DONT PULL INTO SPOT.WHEN BUSES ARE NOT RUNNING YOU SHOULD BE ALLOWED TO PARK THERE.

    Posted by JEAN MCNIFF December 26, 07 02:15 PM
  1. The "snow markers," often trash cans, look incredibly junky (pardon the pun) and I think it's ridiculous that such practices are tolerated. I find it quite galling that I pay half a million dollars for a condo in JP and the street is littered with chairs and trashcans when people have shovelled out "their" spots. Sometimes an orange cone is used by the classier sorts (I suppose they think this). I've lived in other urban areas where street parking is at a premium and have never seen the like. I already thought Boston was an utterly provincial town filled with local yahoos that are accurately portrayed in the media and popular imagination as ignorant louts, but this particular practice really cements the image in my mind.

    Posted by Jane December 26, 07 06:32 PM
  1. -Most people in my part of Cambridge help each other shovel out. There is not much arguing over here. It saves people from a lot of stress. I don't see anyone marking spaces because the marker thing is absurd. It is no different than saying I cleared snow from the park bench, now nobody else can sit here after I leave. There are often less spaces than vehicles on the road. Vehicles need to occupy spaces. People often travel from neighborhood to neighborhood. Should those people leave cars in the middle of the road because the only available parking space was cleared out by some hoarder who left junk in this public space?

    -Maybe more people should take advantage of public transportation when our roads are clogged with snow.

    Posted by william December 27, 07 12:07 AM
  1. I find this discussion absolutely nuts. The streets are PUBLIC property--period. If you really don't like dealing with this, maybe the city isn't the best location for you to live. I totally understand that It is an absolute burden to shovel and clear out the spot, but once you leave it, it is free game for someone else. God forbid in this society anyone do anything nice for anyone else. It is always about me, me, me. People feel so entitled. Civility and decency have disappeared. Besides, I'm sure most of the people could use the extra exercise.

    Posted by Kevin December 27, 07 08:23 AM
  1. John- the comments started with observations in Newton - so the "townies" are spreading - look out.
    I grew up in another country and its true elsewhere there can be more consideration - we'd all pitch in to clear snow - BUT - I will say that I understand the plight of the people who try to keep the space when there really isn't anywhere else to park - and most people against this practise probably have no reason to come to the areas where it is a problem. The main difference in the areas is that if someone parked in a cleared spot in Newton there might actually be another place to park even if you had to clear it again - in the "townie" neighborhoods there wouldn't be and you may have to drive to Newton to find one.
    Kevin is right in SOME cases civility and decency ave disappeared - but this is also a time when you figure out there are still some decent folks around you. I got home from a 6 hour commute(you know the storm) to find an unknown party had shovelled my sidewalk and salted so I didn't fall - thanks. As the snow continued I shovelled out the door access to the parked cars outside so I wouldn't hinder the owners with the snowbanks I was creating.
    In all there are inconsiderate people everywhere - even Back Bay and Newton - and there are beautiful considerate people everywhere too - even Dorchester and Southie. We all just need to work at being one of the latter.

    Posted by Sue December 27, 07 01:52 PM
  1. "the comments started with observations in Newton - so the 'townies' are spreading - look out."

    Great point Sue!

    Posted by Rich Rosa December 29, 07 09:29 AM
  1. In the 2007 Darwin Awards, I found this "honorable mention:"

    3. A man who shoveled snow for an hour to clear a space for his car during a blizzard in Chicago returned with his vehicle to find a woman had taken the space. Understandably, he shot her.

    So, folks, it is not just Boston...

    Also, please don't shoot anyone!

    Posted by Rona January 20, 08 04:44 PM
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About boston real estate now
Scott Van Voorhis is a freelance writer who specializes in real estate and business issues.
Rona Fischman is a buyer's agent who provides a look at the local housing scene, from basements to attics.
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