Question:

If there is no sidewalk, just grass up to the curb, is the area where a sidewalk WOULD be considered public?

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If you're walking along a sidewalk in front of a house, and the sidewalk ends so that if you continue in a straight line you'd be going along the edge of someone's lawn, would that be trespassing? I have always assumed that the place where a sidewalk WOULD be, but isn't, is a public right-of-way. Does anyone know if there is some sort of common law regarding this? or where I should look in my own town's municipal code? I'm not talking about easements for public utilities; I'm talking about a person walking through a neighborhood where sidewalks are intermittent -- or even nonexistent. Thanks!

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  1. here, in the city limits, 5 feet from the edge of the road is considered city property..

    i dont know if it is the same where you are or not.


  2. You are going to have to look to old easements and such, to when the street was established or dedicated, and find out just how big it is.  They are generally measured from the middle of the street, whether they put in a sidewalk or not.

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