I am only asking your opinions and view of the foregoing statement. I have been told a swale is considered public property,yet if you the homeowner does not mow
The lawn and maintain it, you will be fined. Moreover anyone can park their cars
On the swale, even if its in front of your house. Does this enlightenment have merit and accuracy

Definition you describe is not exactly correct. This is the definition from the free on line dictionary which has nothing to do really with maintenance by any party:

Swale Pronunciation (swl)
n.
1. A low tract of land, especially when moist or marshy.
2. A long, narrow, usually shallow trough between ridges on a beach, running parallel to the coastline.
3. A shallow troughlike depression that carries water mainly during rainstorms or snow melts.

As you see, it has nothing to do with parking cars or worrying about who has the maintenance of cutting the grass, etc.

Are you not referring to an 'easement'?

Easement
From Wikipedia, the free encyclopedia


An easement is a certain right to use the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B."[1]

Easements are helpful for providing pathways across two or more pieces of property or allowing an individual to fish in a privately owned pond. An easement is considered as a property right in itself at common law and is still treated as a type of property in most jurisdictions.

The rights of an easement holder vary substantially among jurisdictions.

I am assuming it would be #3, situated between the street and OP's yard (with a sidewalk possibly on one side or the other). Responsibility for mowing, and ownership rights (public or not) will depend upon what is written on the subdivision plat, deed restrictions, HOA rules & local ordiance.

I think this is british terminology,(swale) but carries over to Canada as well. Mainly on streets without sidewalks, which property is maintained by whoever owns the house it is attached to (between property lines). We mow and maintain that area but anyone can park on it, walk on it, etc. However, we will not be fined if we do not maintain it, but could receive a warning from the township if we don't maintain, if a neighbour complains.

The word is used in the United States as well; but it is a landscaping term, not a legal one. So, as I say, legal rights and obligations will depend.

I, an American, am quite familiar with the word; but although I have been to both England and Canada, I am quite sure I have never heard it used in either of those countries

Wonderful answers from everyone. I guess every municipality has different rules.As in
Hollywood, FL My neighbor has people visiting from across the street which has limited parking.
They park their cars on his swale, just outside his fence.Therefore he cannot mow the grass.
And must stay home from work to mow the grass. While they are at work.

Quote:

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Originally Posted by pastor1189

Wonderful answers from everyone. I guess every municipality has different rules.As in
Hollywood, FL My neighbor has people visiting from across the street which has limited parking.
They park their cars on his swale, just outside his fence.Therefore he cannot mow the grass.
and must stay home from work to mow the grass. while they are at work.

---

I can't think of what to suggest. It is sort of a live and let be sort of situation. Can't his neighbour mow the lawn for him, seeing as his visitors are using his easement? Charge for parking? Have the people parking cut the grass for him? If he is uncomfortable and can't talk to them about this, then I guess he is stuck with situation and lose a day's pay,which to me is enough reason to make an issue out of it.

Yes, here and in many places we refer to this as "right of way" the section of property between the physcial road and the property line. And what and if you have to mow it, is determined by city or county code. Also who and if you can park on it, is also defined by city or county code.

I will note that if people are parking on it all the time, the grass should be dead, I park my car in my front yard ( OK don't laugh my wife gets the drive way) this way we both can get out without moving cars, the area where I park never grows grass.

But also no he does not have to wait for them to move their cars. He just mows around them. Use a weed eater or mower and mows around the car.

Quote:

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Originally Posted by pastor1189

...
They park their cars on his swale, just outside his fence.Therefore he cannot mow the grass.
and must stay home from work to mow the grass. while they are at work.

---

He could easily solve the problem. Ask the visitors to move their cars for a few minutes while he mows the swale.

I'd start parking everything I own + some other neighbors' cars (even just for a while) on the swale in front of my house, just to discourage people across the street from thinking they have some permanent rights. And I'd ask about some ordinance that limits habitual parking in front of someone else's house.

And just plain grass killer. I have about a 6 inch area on both side of my fences that is "bare earth" no grass around them.

Yes that is very good advice. I will ask the city officials. The offender has told us, since it is
Public property he can park a fleet of cars there.Maybe my neighbor should park in his swale.
Which is always filled up with cars by the way. He does not want to start a Hatfield McCoy feud.
Awaiting the city response