Find's Treasure Forums

Welcome to Find's Treasure Forums, Guests!

You are viewing this forums as a guest which limits you to read only status.

Only registered members may post stories, questions, classifieds, reply to other posts, contact other members using built in messaging and use many other features found on these forums.

Why not register and join us today? It's free! (We don't share your email addresses with anyone.) We keep email addresses of our users to protect them and others from bad people posting things they shouldn't.

Click here to register!



Need Support Help?

Cannot log in?, click here to have new password emailed to you

Changed email? Forgot to update your account with new email address? Need assistance with something else?, click here to go to Find's Support Form and fill out the form.

Old Sidewalks

Here in the mid- south the Right of Way markers say just that.

They state Right of Way on the marker itself.

Go to the courthouse and it is platted as Right of Way.

Easements have a different deffinition in the law.

But by deffinition in the law dictionaries, a Right of Way

is for the use of someone's property. Not to own the

property.

The property remains with the owner, but the rights to

that land does not.

Happy hunting,

Tabdog
 
that is in a Right of Way Easement.

It's defined by law.

Look it uop in a legal dictionary.

I did. And had to pass a test on it.

Passed it first try and have been

a professional surveyor for 30 years.

Happy Hunting,

Tabdog
 
Until you guys read up on land law.

You are only guessing.

Or going by what you have heard or read in a non-professional publication.

The property in a Right of Way, belongs to the property owner by definition.

Also by law.

Myths sometimes die hard.

But a myth is a myth and this is one.

Happy Hunting,

Tabdog
 
that is one thing that has always confused me, the city says that the sidewalk belongs to them and that you could get in trouble if you don't keep it clear of snow and obsticals but if it needs to be fixed all of a sudden it is your sidewalk and your responsibility to fix it.
 
yes!,,however it still HAS to be a legal right of way in the first place in order to be recognized by the law!..my contention is the side walk easement,or strip,.(if you will!)..is NOT defined as alegal right of way to the property owners land abutting it,as to reiterate it IS owned by the city or town,and as such is exempt from that law!
the right of way is actually the homeowners walkway starting at the street and crossing his property to the front door!..THAT is your right of way,and of course is OWNED by the homeowner!

(h.h!)
j.t.
 
Once again, all of you who think you need to ask the homeowner "lest you get him mad" or "lest you give the hobby a bad name", seem to think that those who maintain that you don't need to ask the homeowner, are by necessity "making people mad" and/or "giving the hobby a bad name". Since when does that necessarily follow? Why can't you envision hunting sidewalk strips where no one gives a darn? And if, in the rare occasion, someone takes issue, FINE THEN, move on! No one here is advocating arguing with a mistaken homeowner, are they? We're just advocating not asking, because it's not necessary to begin with. And you may say "what's the harm in asking? Why not ask, 'just to be safe'?" The answer is, you might get "no's" and merely preclude yourself from hunting a strip where no one previously cared UNTIL you asked. Why prohibit yourself from hunting places where you were allowed to, and where ........truth be told .... no one would've given it a second thought.

I guess it's kind of like asking for public parks or schools: You can easily get a "no" from some deskbound bureaucrat, who envisions geeks with shovels, and simply says "no, just because I said so" (even though no rule exists, but since you asked, he gives you the easy answer). Then you're left sitting at home, while others hunt the park un-bothered? I'm only throwing this out as food for thought. Obviously the "character of the situation" will always prevail. The ones I'm thinking of, typical in CA, are scarcely 3 or 4 ft. wide. You can simply wander down them covering them in the space of your swing, and probably never raise an eyebrow.
 
Once again, all of you who think you need to ask the homeowner "lest you get him mad" or "lest you give the hobby a bad name", seem to think that those who maintain that you don't need to ask the homeowner, are by necessity "making people mad" and/or "giving the hobby a bad name". Since when does that necessarily follow? Why can't you envision hunting sidewalk strips where no one gives a darn? And if, in the rare occasion, someone takes issue, FINE THEN, move on! No one here is advocating arguing with a mistaken homeowner, are they? We're just advocating not asking, because it's not necessary to begin with. And you may say "what's the harm in asking? Why not ask, 'just to be safe'?" The answer is, you might get "no's" and merely preclude yourself from hunting a strip where no one previously cared UNTIL you asked. Why prohibit yourself from hunting places where you were allowed to, and where ........truth be told .... no one would've given it a second thought.

I guess it's kind of like asking for public parks or schools: You can easily get a "no" from some deskbound bureaucrat, who envisions geeks with shovels, and simply says "no, just because I said so" (even though no rule exists, but since you asked, he gives you the easy answer). Then you're left sitting at home, while others hunt the park un-bothered? I'm only throwing this out as food for thought. Obviously the "character of the situation" will always prevail. The ones I'm thinking of, typical in CA, are scarcely 3 or 4 ft. wide. You can simply wander down them covering them in the space of your swing, and probably never raise an eyebrow.
 
i agree with what you say!,and will further add that you have every "legal" right to hunt it anyway,not so much because no one really cares,and they really don't ,but because YOU have every 'RIGHT" LEGALLY to do so!..period!..regardless of what others think,OR say!..yes!..i agree if you get grief from someone,then just move on to the next one,and don't worry about it,because it would be the courteous thing to do!

(h.h!)
j.t.
 
plausible deniability!..

(h.h!)
j.t.
 
Tom_in_CA said:
Once again, all of you who think you need to ask the homeowner "lest you get him mad" or "lest you give the hobby a bad name", seem to think that those who maintain that you don't need to ask the homeowner, are by necessity "making people mad" and/or "giving the hobby a bad name". Since when does that necessarily follow? Why can't you envision hunting sidewalk strips where no one gives a darn? And if, in the rare occasion, someone takes issue, FINE THEN, move on! No one here is advocating arguing with a mistaken homeowner, are they? We're just advocating not asking, because it's not necessary to begin with. And you may say "what's the harm in asking? Why not ask, 'just to be safe'?" The answer is, you might get "no's" and merely preclude yourself from hunting a strip where no one previously cared UNTIL you asked. Why prohibit yourself from hunting places where you were allowed to, and where ........truth be told .... no one would've given it a second thought.

I guess it's kind of like asking for public parks or schools: You can easily get a "no" from some deskbound bureaucrat, who envisions geeks with shovels, and simply says "no, just because I said so" (even though no rule exists, but since you asked, he gives you the easy answer). Then you're left sitting at home, while others hunt the park un-bothered? I'm only throwing this out as food for thought. Obviously the "character of the situation" will always prevail. The ones I'm thinking of, typical in CA, are scarcely 3 or 4 ft. wide. You can simply wander down them covering them in the space of your swing, and probably never raise an eyebrow.

After getting several "NOs" to my "May I ? " `s without any understandeable explanation I do not ask any longer and just hunt here in NY. 6.00 - 8.30 AM (or until first humans start appearing.). I cannot tell for the whole USA but here in NY people love to say "NO". To feel even for one quick second important and powerful. Maybe because all their life is fear. I do not know.
 
"paranoia runs deep, into your life it will creep!..starts when you are always afraid,step out of line,the ,man comes and takes you away!"..sound familiar?

(h.h!)
j.t.
 
Once again, all of you who think you need to ask the homeowner "lest you get him mad"
or "lest you give the hobby a bad name", seem to think that those who maintain that you
don't need to ask the homeowner, are by necessity "making people mad" and/or "giving
the hobby a bad name". Since when does that necessarily follow?


I don't know. You said it. You tell me. Why does that necessairly follow?

Why can't you envision hunting sidewalk strips where no one gives a darn?

If you mean me, well, I sure can. I don't why others can't invision that either. Do you?

I contend that, if you conduct your self without regards to others, people won't like you.
If you behave like that with a metal detector in your hand, then you give us all a bad name.

If someone workes hard on their yard and their R/W, you should ask first. If you care about
people and our hobby.

It is a little hard to tell exactually what you are saying and to who.

Maybe I am misunderstanding.

Would not be tha first time.

Happy Hunting,

Tabdog
 
yes!,,however it still HAS to be a legal right of way in the first place in
order to be recognized by the law!..


Easements that are not Right of Ways may recognized by the law also.

my contention is the side walk easement,or strip,.(if you will!)..is NOT
defined as alegal right of way to the property owners land abutting it


An easement for a sidewalk is kind of rare. It is not likely that an
easement like that would be a Right of Way.

as to reiterate it IS owned by the city or town,and as such is exempt
from that law!


What is the [size=large]IT[/size]you are talking about?

You need to let us know about this [size=large]IT[/size] is that is exempt from law.

the right of way is actually the homeowners walkway starting at the street
and crossing his property to the front door!..THAT is your right of way,and
of course is OWNED by the homeowner!


Not according to Black's Law Dictionary.

Happy Hunting,

Tabdog
 
Once again, all of you who think you need to ask the homeowner "lest you get him mad"
or "lest you give the hobby a bad name", seem to think that those who maintain that you
don't need to ask the homeowner, are by necessity "making people mad" and/or "giving
the hobby a bad name". Since when does that necessarily follow?


I don't know. You said it. You tell me. Why does that necessairly follow?

Why can't you envision hunting sidewalk strips where no one gives a darn?

If you mean me, well, I sure can. I don't why others can't invision that either. Do you?

I contend that, if you conduct your self without regards to others, people won't like you.
If you behave like that with a metal detector in your hand, then you give us all a bad name.

If someone workes hard on their yard and their R/W, you should ask first. If you care about
people and our hobby.

It is a little hard to tell exactually what you are saying and to who.

Maybe I am misunderstanding.

Would not be tha first time.

Happy Hunting,

Tabdog
 
So what Im hearing here is, "It's better to get forgiveness than permission?"
In other words, don't ask and you can't be refused?
 
i didn't say those things so you are NOT talking to me,however as i explained the sidewalk easement is not a right of way!..that's bull shit!...the 'walkway" to the owners house IS the right of way,and is also on his property!

(h.h!)
j.t.
 
no legal reason TO ask!..it is city or town owned property!..if the owner who lives in front of the easement should complain about hunting that portion of the easement in front of HIS house should complain,then just move to the adjacent part of the easement and continue hunting!..a matter of courtesy at that point!

(h.h!)
j.t.
 
the easement or side walk strip of land between the street and the homeowner's property!....it is owned by the city or town,and is not considered a "right of way!"

(h.h!)
j.t.
 
I emailed the mayors office in my town just to be sure and they told me the city does in fact own the sidewalk AND the grass strip between the sidewalk and the street. They said property pins were on the INSIDE of the sidewalk.

They also stated it was fine to detect these grass strip areas. I have detected several so far, and no one has said a word to me, most people who see me ignore that I am even there.
 
I also have been involved in the Civil Engineering - Surveying business for over 35 years in the Midwest. Towns in Iowa and Neb were laid out with the streets generally being 66' feet in width 33' either side of the center line, thus 66' of total right way. Some larger streets may have an 80' ROW being 40' either side of center line of the street. Alleys in general were platted at 16.5 '. Property surveys or metes and bounds descriptions are used to describe a property's boundaries. These descriptions are referenced to a section corners and continue along a section line or center line, with bearings and distances to a point of beginning. This point of beginning is on the outer limits of the street ROW. The property description then follows the perimeter of the property and returns to the street ROW and the front of the property, also the street ROW and closes at the point of beginning. Generally speaking the sidewalk in front of homes are inside the street right of way, with the back edge of the sidewalk being very close to the street right of way line. Property owners are expected to maintain the side walk and land strip between the sidewalk and the street. I have swung a detector for over 35 years and I will tell you that I would never think of detecting a sidewalk strip with out asking the landowners who maintains this sidewalk strip for permission. Just common courtesy, and I do believe I would frown on anybody digging or messing in an area I am expected to maintain, without first asking.
Sorry so long.
HH
Bill
 
Top