Can I buy the ‘hammerhead’ in front of my house?
Question: I live at the end of a cul-de-sac in the Yacht Club area, and I have a question about the extra piece of road that juts out in either direction from the circle. The city calls them “hammer-heads.” Nobody ever drives on them, so they seem like a big waste of space. Can I buy the hammerhead in front of my house from the city?
Answer: The first sections of the city, including the Yacht Club area, were designed with the “hammerhead” style cul-de-sac. Later areas use a standard “circle” than maximizes developable space. The city of Cape Coral is responsible for the maintenance of hammerheads, like any other city street.
The city recognized these hammerhead paved areas generally do not serve a valid city purpose. So, the city will generally welcome your interest in acquiring the hammerhead right of way from them. The process, called a “vacation of right of way,” begins with you reaching agreement with your neighbor on the other side of the hammerhead pavement that it should be vacated. The city requires the owners of both properties to apply. You then will make application to the city, which will include an application fee and approval letters from the three main non-city utilities (LCEC, Comcast and CenturyLink). The city will generally not approve the transfer of this paved area to the neighbors if there is conflict with utility providers. The city will also expect a survey of the exact portion of the property to be vacated.
After city staff review, the Planning and Zoning Commission votes first, then it is forwarded to City Council for final approval. If the application is approved, the right of way area is typically split evenly between the two adjoining properties, and will be made a part of your property and your neighbor’s property now, and when you transfer or sell it in the future.
Except for the application fee, the city does not charge any consideration for the transfer of right of way. The city does not charge any additional sales price to the transfer, in recognition that their maintenance responsibility will be diminished, and the potential addition to the tax rolls.
Similar opportunities are available to those who own property adjacent to bridges. The city routinely grants vacations of right of way to provide additional property to those owners who apply.
Eric P. Feichthaler has lived in Cape Coral for 27 years and graduated from Mariner High School in Cape Coral. After completing law school at Georgetown University in Washington, D.C., he returned to Southwest Florida to practice law and raise a family. He served as Mayor of Cape Coral from 2005-2008, and continues his service to the community through his chairmanship of the Harney Point Kiwanis Club KidsFest, which provides a free day of fun and learning to thousands of Cape Coral families, and funds numerous scholarships. He has been married to his wife, Mary, for 13 years, and they have four children together. Recently, he earned his board certification in Real Estate Law from the Florida Bar. He is also a Supreme Court Certified Circuit Civil Mediator.
This article is general in nature and not intended as legal advice to anyone. Individuals should seek legal counsel before acting on any matter of legal rights and obligations.