Where Does Your Property Line Start?

[Tom D]

I guess we mostly know, but there are variations:

MSN

In some places the property line extends right up to the curb, but has a wide setback for potential public use. In other places the property line might extend all the way out to the center of the street. In instances like that, the property line is a technicality for unlikely events such as complete road removal. Should your property line extend that far, the public setback will range from the center of the road to a predetermined point in your lawn.

Generally speaking, the most common scenario is that the road is defined as wider than the actual curb-to-curb distance. For example, if the street you live on is 30 feet wide but the “plat” (a plan, map or chart of a piece of land with actual or proposed features) shows it as 40 feet, then the “street” technically extends 10 feet into your lawn. This extension usually contains sidewalks, publicly-owned trees and major utility runs.

Making things trickier, each municipality also has its own rules about who is responsible for maintaining sidewalks and trees. It can be frustrating, but in most cases the homeowner is responsible for maintaining everything up to the street, even if it is technically beyond your property line.

You should also be able to discover whether your location has a setback for public usage. Such setbacks mean that while you still technically own that section of land, you aren’t allowed to build on it because the city maintains the right to access your property for public usage such as utility line access, road expansion or sidewalk installation.

 

[JTip]

GIS is usually pretty good about reflecting the appropriate property/right of way lines (as ONE piece of the boundary puzzle).

If you are on a state route, calling the DOT District Chief Surveyor can provide the plan and true right of way lines for FREE.

 

[Terrel L. Shields]

I pay taxes to the centerline of my road (except in one place where a slight deviation in the road means I own all the way into the ditch on the other side. I pay property taxes but the county has a ROW by usage, not by law. The law only regulated roads that are on section lines. This is worse than annoying. They twisted our arms to get a free easement for electricity, for rural water, and paid only for a ROW for a high-power line. That payment in the 1970s was only $700 an acre for land now bringing $12-15,000 per acre. But the ROW is unusable for anything but hay or pasture. You cannot build on it. It is dangerous to even refuel your tractor and we were told to never run aluminum irrigation pipe parallel to the powerline as it will electrify by induction. In other words, it is a forever hazard.

With developers building nearby, it's only a matter of time until they rip my pasture up to install a larger pipe for water and perhaps even gas to allow the developers free utilities to develop more greenfield subdivisions. And traffic? I mowed the ROW along a paved county road and was passed by perhaps 80 cars in 20 minutes. 6 pm. They are bypassing the horrible stoplight situation in a town by using the county paved roads. They speed well past the 45 mph. And there is zero enforcement

 

[Joe Flacco]

My lot starts about 15' off the edge of the street. I also back to a street and my rear lot line is about 15' from the edge of that street. I have to mow the row at the front but county will maintain the trees to the front and rear.

 

[JTip]

I pay taxes to the centerline of my road (except in one place where a slight deviation in the road means I own all the way into the ditch on the other side. I pay property taxes but the county has a ROW by usage, not by law.

PA used to (20+years ago) buy 'highway easement' to build roads, giving them surface rights to build and maintain roads and bridges while the property owner got to "enjoy" the tax burden. Now it is purchased as fee simple right of way to avoid your situation, owning to the middle of the road and beyond.

 

[Terrel L. Shields]

Now it is purchased as fee simple

Many ROWs did not specify ownership of the mineral rights, and I know areas where the minerals under the Interstate are owned by the original fee owners. And I know cases under Corp of Engineers lakes keystone near Tulsa for one)) where the mineral rights were foreclosed well up on shore and the promised recreational area never was developed. The owners attempt to reclaim the mineral and were denied. Meanwhile under Lake Eufaula, they drilled slanted holes to develop the gas. I was actually on the discovery well for the Brooken field there.

 

[Vermonter]

Our properties in Burlington city owns to the street, but the greenstrip between the sidewalk and the street is considered "public" property yet property owners have to maintain it? Makes no sense.

On our rural property up against state land the loggers cut right up to the GIS boundary. I kept it brush cut and a fish & wildlife guy said I was over the line. Told him to check the survey (there isn't one). I was quoted $9-13k for a survey and couldn't fit me in for 18 months. Haven't heard a thing since. The deed actually has an excellent description for that boundary so I know I'm good.

 

[DTB]

If you are on a state route, calling the DOT District Chief Surveyor can provide the plan and true right of way lines for FREE.

I got into a beef with one of these guys once when I wanted to put up a barricade to prevent a neighboring business from entering my driveways and using the driveway to feed access to their business.

Guy was adamant that I couldn't do it, IDOT was of the same thought. I was the outsider big city property owner in this small town.
Finally we both looked at the GIS online at the same time and he read me chapter and verse about how I was wrong. Iasked him how far the ROW went toward my property. 30' from center line of roadway. I asked him to use the measuring tool and see where that landed. He did. Then I emailed him a google earth photo and asked him to point out where 30' landed. He said on the road side of the tree line!

I said my driveway runs parallel to the road, INSIDE of the tree line.

Not a peep! Not even an apology.

Moral of the story, you gotta know your shytt.

 

[Mark K]

In this state there are a seemingly endless scenarios of ownership lines, especially in the rural areas. In cases where the county has no recorded easement or highway grant, they own only what's under the pavement. Other cases, they have various easements, typically 1 Rod, others they own fee simple. In some cases where they purchase additional r/w for widening, they buy only the additional 20' or so but the owner still owns the property under the road, essentially a 20' gap between parcels.

At least in this state in the rural areas where it's typical to own to the center of the road, the Assessor determines the amount of land under the pavement and gives that part an assessed value of $0 for taxation.

Couple of interesting cases in the old part of some towns. I owned an older home for a rental property. Survey showed my land stopped at the house side of the sidewalk. The town owned the sidewalk and the 5' grass strip between the walk and the curb. Just so happened that an old Maple tree about 30" diameter was growing between the walk and the curb. Windstorm blew down the tree that smashed a neighbor's car and blocked the street. Town called me and told me to clean up the tree. I informed them that I didn't own that part of the land nor the tree and I had no intention of cutting it up and removing it. It blocked the street for about a week with them calling me every day. Told them the same thing every day. Finally, they came out and cleaned it up.

Another interesting case was with the same town insisting that homeowners were required to remove the snow from the sidewalk in front of their house. One guy didn't do it and they issued a citation. He sued them and won with the judge telling the Town that they had no authority to force an owner to maintain the Town's property.

 

[Elliott]

My understanding is that a property line generally goes to the center line of the "road or street" and and generally the public road goes back, say 30'.

A neighbor on my street a few weeks ago decided to build a nice 3' high concrete block wall on what she thought was her "property line" and I'd estimate she spent $15K, and just after it was finished, I noticed it was gone and in its place was a dirt berm, so undoubtedly she violated local ordinance. If you sight down the street, there are 3' high fences, but they are another 10' back from the 'road.'

I have a flag lot from the street and it required a 25' wide easement for fire trucks. YMMV.