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Public Right-of-Way

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DudenGwinnett

Junior Member
What is the name of your state (only U.S. law)? Georgia
Who is responsible for keeping the grass mowed and other landscape maintenance of the area of property from the public Right-of-Way (R/W) to the public street? I understand that my property boundary ends where the public R/W begins, yet I am responsible for maintenance of the landscaping (keeping grass mowed, trimmed, etc.) of the area that lies within the R/W out to the street. Is this true? If this area includes a public sidewalk am I responsible for maintaining the sidewalk too? Does property use (commercial vs. residential) make a difference?What is the name of your state (only U.S. law)?
 


FarmerJ

Senior Member
You said > I understand that my property boundary ends where the public R/W begins,< does your survey back this up ? if there is a sidewalk then the public can use it, if there is none then the presumed public right of way would be the street itself , like here where I live the plat map shows my property line to the west going half way into a twp road and to my north half way into a county road. does that mean I can rip up the road bed to plant it NO but I must maintain the grassy shoulders( mowing). Unless a homes title and boundry survey show other wise even in a urban area lot owners still own the strip between a sidewalk and street and if they dont mow it likely they risk getting a ticket if there is a local weed ord for tall grass. If there is no sidewalk the so called public right of way is city /county/ state use. like when streets are widened or new sidewalks /curb gutter are planned then the govt agency planing it still has the right to do that , does it mean your nieghbor down the road has the right to daily drive on that so called unpaved -grassy public right of way NO. If your area or street has sidewalks fair odds are that the city /county is the one who will schedule replacements and you wouldnt have to do anything more than notify them like should a sidewalk heave at a joint or cave in .
 
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drewguy

Member
This is generally something that depends entirely on local ordinance or regulation. In Washington DC the property owner is responsible for maintaining what is called "public parking" which is actually not for parking cars but supposedly "park" like area between the street and the property line, which varies from 10-30+ feet, depending on the street. But all that means is complying with grass cutting laws, and nothing more. I also have to shovel the sidewalk in the winter, but there's no fine if I don't. But all of this is based on statutes and regulations applicable to DC. Other places differ.
 

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