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Old 08-23-2013, 02:14 PM
 
Location: Not far from Fairbanks, AK
20,292 posts, read 37,174,791 times
Reputation: 16397

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Quote:
Originally Posted by goldengrain View Post
Sorry, I just do not believe this. Maybe it's a state law wherever you are.

Ha - on a hot day I leave my window open and an entire Girl Scout Troop came through. They were sitting there, on my rug, having milk and cookies when I awoke and came downstairs.

I think you'd better double check. THat is just ludicrous.
Well, there is no law prohibiting anybody from entering your garage if the door is wide open. There all kinds or reasons why a person may step into your garage if the door is wide open. For example, your neighbor may see the door wide open, and not knowing that you are home may decide to close the door for you. In this case there is a tort that you can use in court (to suit your neighbor), but do you really want to press charges against your neighbor if his intent was to close your garage door for you? In fact, dogs, and even kids may step right into your home if you leave the front door wide open. If a kid steps into your garage and kills or injures himself, you still have to get lawyers involved.

Haven't you heard cases where drunk neighbors open unlocked front doors by mistake and go to sleep on the home owner's sofa? Now, that would clearly be a case of trespass, specially if you called the police on your neighbor.

Last edited by RayinAK; 08-23-2013 at 02:40 PM..
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Old 08-23-2013, 02:19 PM
 
Location: Not far from Fairbanks, AK
20,292 posts, read 37,174,791 times
Reputation: 16397
Quote:
Originally Posted by Pitt Chick View Post
IDK... in my neck of the woods, the first 15 feet of the driveway are in the public right-of-way (not really our property). So someone being in that area would not bother me...
And you are correct, but a lot of people don't realize that those 15' is just a portion of the easements all around the lot. If the city or borough wants to widen the road, there is no much one can do to stop them using your property easements.
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Old 08-23-2013, 02:25 PM
 
Location: South Park, San Diego
6,109 posts, read 10,893,390 times
Reputation: 12476
Quote:
Originally Posted by RayinAK View Post
And you are correct, but a lot of people don't realize that those 15' is just a portion of the easements all around the lot. If the city or borough wants to widen the road, there is no much one can do to stop them using your property easements.
Yep, in our city it is typically 10' from the curb before the property begins including the curb cut and concrete skirt into the driveway, regardless if you have landscaped the parkway or any part of that area adjacent your actual lot.

Almost nobody realizes this. I do architectural design and so am quite cognizant of setbacks and easements.
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Old 08-23-2013, 02:51 PM
 
Location: Not far from Fairbanks, AK
20,292 posts, read 37,174,791 times
Reputation: 16397
Quote:
Originally Posted by T. Damon View Post
Yep, in our city it is typically 10' from the curb before the property begins including the curb cut and concrete skirt into the driveway, regardless if you have landscaped the parkway or any part of that area adjacent your actual lot.

Almost nobody realizes this. I do architectural design and so am quite cognizant of setbacks and easements.
A lot of people don't even realize that even their property they don't own. Well, perhaps one has paid the property in full to the banks, but fail to pay property tax and eventually the city or borough will foreclose your property.

It's pretty sad, but true.
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Old 08-23-2013, 04:36 PM
 
Location: Out there somewhere...a traveling man.
44,625 posts, read 61,603,272 times
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In our city the easement starts at 3 feet from the curb and that is the sidewalk. Easements don't give the public the right of way to enter your ppty. Easements are for utility companies and city municipalities to legally enter and dig or maintain their equipment on that portion of your ppty. At least in our area it does.
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Old 08-23-2013, 04:52 PM
 
Location: Not far from Fairbanks, AK
20,292 posts, read 37,174,791 times
Reputation: 16397
Quote:
Originally Posted by wit-nit View Post
In our city the easement starts at 3 feet from the curb and that is the sidewalk. Easements don't give the public the right of way to enter your ppty. Easements are for utility companies and city municipalities to legally enter and dig or maintain their equipment on that portion of your ppty. At least in our area it does.
An easement isn't only for utilities companies and city municipalities to legally enter and dig or maintain their equipment. Easements are also used by municipalities for widening roads, running power, water and sewage lines, and so on. Depending on where you live at, easements vary in width. For example, the ones around my land are 15' wide.

That said, there is no a law that prohibits a vehicle driver from partially entering your driveway to turn around, nor one that prohibits a Girl Scout from knocking at your door to sell you cookies. If you don't want such, then you have to block all entry points to your home with a tall fence and front gates at the driveway entrance. In addition you have to post signs that a visible to all.

Last edited by RayinAK; 08-23-2013 at 05:06 PM..
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Old 08-23-2013, 05:03 PM
 
Location: Out there somewhere...a traveling man.
44,625 posts, read 61,603,272 times
Reputation: 125801
Quote:
Originally Posted by RayinAK View Post
An easement isn't only for utilities companies and city municipalities to legally enter and dig or maintain their equipment. Easements are also used by municipalities for widening roads, running power, water and sewage lines, and so on. And if you tell us what area of the US you live at, I can post exactly how wide these easements are in your community, which by the way, I don't think are as narrow as you have said. But I could be wrong, or course.
In our area those roads are already in and cannot be widened unless they take the buildings down. The water and sewer runs under the street. The utility lines are underground on the back ppty line with a 3 ft wide easement. The front area has a 3 ft easement for the sidewalk. There is a 5 ft easement between houses at the ppty line.
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Old 08-23-2013, 05:10 PM
 
Location: Not far from Fairbanks, AK
20,292 posts, read 37,174,791 times
Reputation: 16397
Quote:
Originally Posted by wit-nit View Post
In our area those roads are already in and cannot be widened unless they take the buildings down. The water and sewer runs under the street. The utility lines are underground on the back ppty line with a 3 ft wide easement. The front area has a 3 ft easement for the sidewalk. There is a 5 ft easement between houses at the ppty line.
That may be true in your area. But even so local governments, can get away and force you to leave your property under eminent domain:
https://www.ohiobar.org/ForPublic/Re...anUse-522.aspx
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Old 08-23-2013, 05:49 PM
 
Location: Out there somewhere...a traveling man.
44,625 posts, read 61,603,272 times
Reputation: 125801
Not anymore, new laws are being implemented preventing it. Here is an example story from one of the cities that has changed it to protect ppty owners.
Minnesota cities adjust to losing the hammer of eminent domain | Star Tribune

And in already developed residential areas they're not going to use eminent domain in the middle of a housing area. That's plain ridiculous. And to OP's situation there will be no eminent domain used to let people trespass and use their driveway. C'mon get real.
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Old 08-23-2013, 06:27 PM
 
Location: texas
9,127 posts, read 7,941,561 times
Reputation: 2385
Quote:
Originally Posted by wit-nit View Post
Not anymore, new laws are being implemented preventing it. Here is an example story from one of the cities that has changed it to protect ppty owners.
Minnesota cities adjust to losing the hammer of eminent domain | Star Tribune

And in already developed residential areas they're not going to use eminent domain in the middle of a housing area. That's plain ridiculous. And to OP's situation there will be no eminent domain used to let people trespass and use their driveway. C'mon get real.
It's like playing telephone, by the time the issue goes down the line...people are quoting "eminent domain" for people using driveways to change direction.

When the OP mentioned doing a u-turn in the drive way, I thought of those simi-circular drives, and drivers were driving around through. I can't see why anyone would get upset with someone using thier driveway to change direction.

Some people have wads of time.
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