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Hey, homeowners, did you realize you are doing a public
service (at least in Spring, Summer and Fall)?
Residential subdivision lot lines are usually several feet
behind the curb. This is because the paved street only takes up a portion of the
street right-of-way. The amount of right-of-way used varies due to paving width
and the right-of-way width. The residential lot line and the street right-of-way
are the same.
On a typical residential subdivision street, the paved
portion of the street is about 26 feet wide from curb to curb, and the street right-of-way
is 50 feet wide. Assuming that the paving is centered in the right-of-way, this
leaves 24 feet of unimproved right-of-way -- 12 feet of excess right-of-way from
the edge of the actual paved portion of the street or curb-line to the lot line
on each side of the street. However, some residential streets have 26 feet of paving
and 60 feet of right-of-way (leaving 17 feet of excess on each side) or have 36
feet of paving and 60 feet of right-of-way (leaving 12 feet of excess on each side).
Additionally, in some older subdivisions, the paved portion is not centered and
the excess right-of-way may be several feet wider on one side than the other.
Within this excess right-of-way from the edge of the paved
portion of the street or curb-line to the lot line, you typically find public sidewalks,
water lines and street lights, mail boxes, and in some instances, other utilities
like gas, electric/telephone/cable TV and sewers for the common benefit of all residents
and the public. Residents are usually allowed to “use” this excess right-of-way,
but only so long as the residents’ use does not interfere with the municipalities’,
utility providers’ or public’s use thereof.
Municipalities’ “graciously allow” homeowners to mow, landscape
and otherwise keep the municipalities’ excess rights-of-way looking nice (so it
doesn’t have to at its own expense). So, homeowners, give your self a pat on the
back! You are doing your small part of “public service” for your community!
Charles R. Holladay, Esq., PLS
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