PD166-CS 980810 AUG 10 '98 16:00 FR NICHOLS JCKSON DLLRD 214 965 0010 TO COPPELL CM P,02/05
NICHOLS, IACKSON, DILLARD, HAGER & SMITH. L.L.P.
Attorli~ys & Counselors at Law
1800 Lincoln Plaz~
J. OA~qO 0000 Ill
~ Nor~
(214) 965-9900
P= (214) 9~-0010 ~c~w.
~mail N~DH$ ~N~DPl$.com
August10,1995
Mr. Jim Witt Via Facsimile and Mail
City Manager
City of Coppell
255 Parkway Boulevard
P.O. Box 478
Coppell, Texas 75019
RE: Westbury Manor Public Access Easement Liability
Dear Jim:
Pursuant to your request, the undersigned provides the following opinion relating to
property owner liability for public use of the public access easement adjoining Westbury Manor.
You advise that certain homeowners in the Sandy Oaks Division are concerned about
their liability for the use of the public access easement adjacent to the lots fronting on Simmons
Drive by homeowners in the proposed Westbury Manor Subdivision. Apparently, the concern
for liability is premised on the underlying fee ownership of the public access easement by thc
adjacent lot owners of the Sandy Oaks Division.
As we previously advise, d, the public access easement may be used by the general public
for ingress and egress for any lots or property which abut the public access easement. The
owners of the underlying fee inter~t m the pubhc access easement do not have any liability for
property damage or personal injury which may occur in or within the pubh¢ access cas~ment.
Liability for motor vehicle accidents occurring on the public acces{ easement is the same as if the
accident occurred on a public street or highway. Accordingly, the owners of lots in the Sandy
Oaks Division fronting on Simmons Drive and which abut the public access easement do not
have any liability for the public use of the public access easement.
Thank you for your attention to this matter. If you have any questions in this regard,
please do not hesitate to contact me.
2002~
AUG 10 '98 16:00 FR NICHOLS JCKSON DLLRD ~14 965 001~ TO COPPELL CM P.O5x03
Mr. Jim Witt
August10.1998
Page-2-
Very truly yours,
NICHOLS, JACKSON, DILLARD,
HAGI~R & SMITH, L.L.P.
P'~t~r G S~nith
POS/pr
20O25
TOTAL PAGE.03 **