It varies by jurisdiction within the U.S., too; Vermont has an "Ancient Roads" doctrine that has kept many right-of-ways legally open despite towns no longer maintaining them. It gets a bit more complicated in that some of them are posted contrary to their legal status, and the only way to definitively answer the question at this point in time is to dig through local records dating back to the founding of the town in question. Vermont has changed the law recently to require all towns document all their right-of-ways on the standard town highway maps within a certain number of years, which I think is coming up soon. I believe that New Hampshire and Maine also have historic right-of-ways that are no longer town-maintained but are still legally open to public travel.
To bring this back on topic (at least somewhat), I've been tagging many of the Vermont ancient roads as tracks (which they are) and explicitly setting motor_vehicle=yes, foot=yes, etc to indicate public access. Whether or not to route on such ways is a whole other topic, I suspect. On Sun, Aug 3, 2014 at 9:47 PM, john whelan <jwhelan0...@gmail.com> wrote: > In the UK there are rights of way which date back in time to the days of > pack horses and long distance footpaths. I don't think you have the > equivalent in North America. So in the UK a right of way may still follow > a privately maintained road. > > It's probably better to leave the tagging of this to local mappers who > hopefully know the rules/laws and they are different in different countries. > > Cheerio John > > > On 3 August 2014 21:35, John F. Eldredge <j...@jfeldredge.com> wrote: > >> In the USA, it depends upon whether the property owner has given >> permission for public use. If a private road through an apartment complex >> is signed as "residents and guests only", for example, an outsider driving >> through can be charged with trespassing. >> >> >> On August 3, 2014 6:50:55 AM CDT, Colin Smale <colin.sm...@xs4all.nl> >> wrote: >> > It depends whether a right of way exists. Things are rather >> > complicated in the UK. Private means private, so no entry by default. >> > If you are visiting an address on a private road, you have presumably >> > been invited, explicitly or implicitly. An unofficial sign "residents >> > only" might not have any force in law. A road in private ownership, >> > with a public right of way, can be used though if it is a "byway open >> > to all traffic". Landowners often object to rights of way across their >> > land and might try to discourage their use with misleading signs. >> > >> > >> > On 3 August 2014 12:43:50 CEST, Matthijs Melissen >> > <i...@matthijsmelissen.nl> wrote: >> > >On 3 August 2014 11:18, Volker Schmidt <vosc...@gmail.com> wrote: >> > >>> Residential roads in the UK often seem to have 'private road' >> > signs, >> > >such >> > >>> as: >> > >>> >> > >>> - 'Private road' >> > >>> - 'Private road no parking' >> > >>> - 'Private road no parking no turning' >> > >>> - 'Residents only no unauthorised parking or turning' >> > >>> >> > >>> How do people tag these roads? For which of these would you use >> > >>> access=private? >> > >>> >> > >> I would tag them all with access=destination, unless there are >> > >additional >> > >> signs that forbid entering. >> > >> A "private road" is privately owned and maintained, but you >> > normally >> > >may use >> > >> it to reach the properties facing it as visitor or for delivery >> > >purposes. >> > > >> > >Most private roads are cul-de-sacs, but in the hypothetical situation >> > >where a private road connects two non-private roads, would there be a >> > >legal reason you couldn't use the private road as shortcut? >> > > >> > >-- Matthijs >> > > >> > >_______________________________________________ >> > >talk mailing list >> > >talk@openstreetmap.org >> > >https://lists.openstreetmap.org/listinfo/talk >> > >> > >> > ------------------------------------------------------------------------ >> > >> > _______________________________________________ >> > talk mailing list >> > talk@openstreetmap.org >> > https://lists.openstreetmap.org/listinfo/talk >> >> -- >> John F. Eldredge -- j...@jfeldredge.com >> "Darkness cannot drive out darkness; only light can do that. Hate cannot >> drive out hate; only love can do that." >> Dr. Martin Luther King, Jr. >> >> _______________________________________________ >> talk mailing list >> talk@openstreetmap.org >> https://lists.openstreetmap.org/listinfo/talk >> > > > _______________________________________________ > talk mailing list > talk@openstreetmap.org > https://lists.openstreetmap.org/listinfo/talk > > -- Kevin Broderick k...@kevinbroderick.com
_______________________________________________ talk mailing list talk@openstreetmap.org https://lists.openstreetmap.org/listinfo/talk
