Tod Fitch <t...@fitchfamily.org> writes: > Greg mentions that in his part of the US the government doesn’t own > the land along the highway. I don’t believe that is true for most of > the US. The “right of way” includes a lot more land than just where > the pavement is located. It includes all land that had to be modified > to put the road in (side drainage ditches, cuts, fills, etc.). For a > rural two lane road the pavement is likely only 24 feet wide while the > right of way is likely to be around 100 feet wide. In rural areas > there is often a barbed wire fence running along the boundary of the > right of way making it pretty obvious how wide it is.
Yes, it's like that here. However, the fee ownership of the land under the road belongs to the abutters, usually, and there is a wide-ranging easement. It is then standard practice to write deeds and survey plans as if the fee under the road is not owned by the abutter. But there is actual ownership by the abutter, which is usually a distinction without a difference. To figure this out in California you'd have to find the takings documents for roads and see if it is fee or just easement, and look up a bunch of laws. I have not idea how it is - just that it's surprisingly had to get clarity. https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter183/Section58 _______________________________________________ Tagging mailing list Tagging@openstreetmap.org https://lists.openstreetmap.org/listinfo/tagging
