Town/City Ownership of Front Yard

[thewaxmania]

What is the name of your state (only U.S. law)? Rhode Island

I live in a small RI town and I was told that the town owns 5 or 6 feet of my front yard that fronts on a public road. I thought they had an easement on a portion of private property for utilities and public works purposes but I didn't think they actually owned my front yard. Can this be true, and if so, who regulates that/determines that? I mow it, I maintain it, and I'm allowed to build on it. I don't get it.

Thanks
Brett

 

[justalayman]

you need to check your deed and any associated description of the property to determine what exactly you own and if there is a ROW on your property. If you own the property, you are liable for the maintenance whether there is a ROW on it or not.

You might need a surveyor to properly determine the answers.

 

[thewaxmania]

The trouble is, the town has made claims that all properties that are fronting a road are subject to this, being that 5 or 6 feet of the yard fronting the road is either owned by, or subject to, the town's domain. Its not a deed issue.

 

[justalayman]

yes, it is a deed issue. You need to know what your deed states as to lot description and any ROWs or easements. Then, you know if that the city is claiming is legit or not and if you have any defense to it. If the city is taking of property they have no current rights to, you have a right to defend that taking and require them to reverse the action or pay you for the taking.

the first thing you have to know is what you actually own and what encumbrances were already in place when you purchased the property. Only then can you make any determination of their actions or claims.

 

[Kiawah]

and, you should have your property surveyed with ground pins hammered in.

On my property, my land actually stops short and ends about 10 feet from the actual road itself. However, I seeded/mow, landscape, and water that yard. It 'looks' like it's part of my yard. Our whole development is this way.

 

[drewguy]

yes, it is a deed issue. You need to know what your deed states as to lot description and any ROWs or easements. Then, you know if that the city is claiming is legit or not and if you have any defense to it.

Exactly. It is not uncommon for someone's yard to extend into land that is owned by the city/town/county. It may appear to be your land but in fact your deed may convey only land that starts 6 feet away from the road as built. The city may own that land for use as a sidewalk or whatever.

In other places you may own the land, but there is an easement or ROW that prevents you from building on it.

BTW, my guess is that so long as the town has a legitimate claim you actually could not build on that land, except perhaps a fence or something.

And there is the possibility that the town is making a bogus claim, but it seems unlikely.

 

[Terminus]

Roads in New England

Though not always the case...a lot of public land laws fall back to Roman law. The easy explanation being that the public would own fee title in certain non-exclusive properties....examples being road, rivers, harbors, etc. Basically features that are to the public benefit. So in the case of many roads in New England...the public owns the land underneath the road and enough land on the sides for maintenance.

The public owning the road bed doesn't remove you from responsibility from taking care of that strip of land (mowing for example). I know there are towns that strictly enforce this issue (I can't quote case law, but it does exist). Usually there is also no issue with you doing landscaping or mailboxes in this strip, though substantial improvements more than likely will be cause for a visit from the local DOT representative.

I do suggest you have a surveyor review your deed to clarify the issue, but more than likely that strip belongs to the public (town)

 

[154NH773]

So in the case of many roads in New England...the public owns the land underneath the road and enough land on the sides for maintenance.

That is not the case where I live in New Hampshire. It has been determined that the property owners on each side of the local roads, and the State Highway through the Town, actually own to the centerline of the roads. The Town and State only have a right of way. The situation came to light when a landowner began building a stone wall almost at the edge of the road, and the State tried to stop him and found it couldn't.

You will have to do some research to see what your situation actually is.