Q&A

Is your yard part of your residence?

Is your yard part of your residence?

The Fourth Amendment protects your home—including your yard—from warrantless searches in most instances. Your yard is considered “curtilage,” land that surrounds and is associated with a house and is worthy of privacy protection.

What places are considered private property?

“Private property” is generally an area that is not held open to the public to enter freely….Some basic examples of a private location include:

  • Your home.
  • A hotel room.
  • A hospital room.

Is your stoop private property?

It’s considered a “limited common element” that any property owner in the development would have some rights over. That said, most front porches and stoops will be considered “public” in the sense that you would have NO expectation of privacy on them.

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Are alleyways private land?

Alleyways are classed as private land and are the responsibility of the owners or users to deal with. This can be shared with your neighbours so that you can work together to keep your alleyways clean and safe.

Do you own your front lawn?

Absolutely, if you have to take care of it, it’s yours. Generally your property will go to the curb or side walk of your front yard. Sometimes you will see water and other utilities start or end at your front property line.

Is your front yard private property in California?

California law and jurisprudence seems to recognize front yards and driveways that aren’t fenced as public places because members of the public can come to your door without restriction. Solicitors, neighbors, fundraisers, candidates, the mailman, or anyone wanting to speak with you can just come up and knock.

Who owns the alleyway between two houses?

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There are usually only two kinds of people and organisations who can own an alleyway: either your local authority or one (or more) of the people who live in your street. These are known as footpaths, and the public has a right of way to use them. The Highways Authority is responsible for keeping them clean and usable.

Who owns the grass between the curb and sidewalk?

That’s right, despite not owning the grass between the curb and sidewalk, the property owner is responsible for its upkeep. Typically speaking, all that is required is keeping the grass at specified city heights. Since you mow your lawn already, it is just a couple of extra passes to keep the tree lawn neat and clean.

Is it legal to put a sidewalk on your property?

The short answer is that it depends. For smaller suburbs and cities, particularly in the aforementioned residential areas, sidewalks are considered to be public property. That said, the upkeep and maintenance of the grass is up to the homeowner of the adjacent property.

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Who does the tree lawn belong to in a gated community?

In gated communities, that may not be the case. For most residential spaces, the tree lawn belongs to the municipality. The marking of a property typically begins at the curb itself. That said, the tree lawn (and the sidewalk as well) generally belong to the municipality.

Who owns the tree lawn in my neighborhood?

The surest way to find out who owns the tree lawn is to check with the city. That said there are generally two explanations. In most cases, the municipality in which the property resides owns that space. In gated communities, that may not be the case. For most residential spaces, the tree lawn belongs to the municipality.

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