The sidewalk along the perimeter of a property is usually part of the public right of way...
Scott Loveless wrote: > William Robb wrote: > >> ----- Original Message ----- >> From: "Tom Cakalic" >> Subject: Re: A Gray Matter >> >> >> >> >>> I might be mistaken, but I think in many cases that 'accesses' to private >>> property are also considered valid for certain public use unless they are >>> posted as "No Trespassing" and even then maybe there's a disconnect >>> between >>> the law and the way things really work (and of course the laws are >>> different >>> depending where you are). >>> >>> For instance, a walkway to one's door is generally used by the public... >>> delivery man, repair man, sales man...even though that walkway runs >>> through >>> one's yard. >>> >>> >> Delivery people and the like (the paper boy, mailman, whatever), are >> generally considered to be invitees, and are automatically granted limited >> access to your property to conduct their business. The same with meter >> readers, who are granted access to your yard to do what they need to do. >> This does not, however, grant the casual pedestrian permission to use your >> property as a shortcut, that would be considered tresspassing. >> I believe that in the specific instance which brought us to this discussion, >> the photographer would be considered a casual pedestrian rather than an >> invitee, and would be allowed on private property at the owners suffrance, >> and not because she had any particular right to be there. >> >> William Robb >> >> >> >> > I'd have to agree with Bill. In most of the US trespass law is very > specifically defined. e.g. Around here (PA) if a property is developed, > in use, fenced or posted, you shouldn't be on it without permission. If > the land is undeveloped and not obviously used you can make limited, > non-destructive use of it. Basically, if you're caught on the property > and haven't done anything to alter or damage it, about all the landowner > can do is ask you to leave. But once he's done that, if you don't > comply you could be considered a trespasser. I know there are special > rules for railroad properties but can't remember what they are, other > than they're more restrictive. I would consider a sidewalk from a > public space to an entrance an invitation to knock on the door if you > need to speak with the occupant. Nothing more. I seriously doubt a > landowner could restrict someone from using a sidewalk along the > perimeter of his property. > > -- Remember, it’s pillage then burn. -- PDML Pentax-Discuss Mail List [email protected] http://pdml.net/mailman/listinfo/pdml_pdml.net
