Sidewalk grassy strip?

[silversnacher]

Was wondering how you guys do sidewalk grassy strips do you ask permission or just detect it because it's not really the house owners land. Do you ask the city or home owner or just do it or wait for it to be torn out for construction?

 

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[Truth]

In the historic district of my town which is mostly lawyers offices, boutiques, small offices and concrete there is a 15 foot sidewalk strap that sticks out like a sore thumb. I've noticed it often but never mustered up enough gall to go metal detect it. I always said I was going to wake up early one morning and go, but one day in the middle of the day, I said hell with it!! I had to park a block away and not to mention I looked like one of the Ghostbusters on a mission. I made it to the strip, looking down not to make eye contact with passerby's. Then halfway through the strip I hit I 88-89 on my ATP. Now normally that's a old rusty washer or a Mardi Gras doubloon that we're plagued with. But with the history of the street and the depth I began to dig. The ground was hard and it was HOT. At 6" down I almost gave up, but I plunged the hand shovel in one more time and out popped this solid black round slab. I didn't know what it was, I put it in my pouch, filled in my hole and walked quickly to the truck. I cleaned it when I got home, so she could witness when I freak out, because I had a feeling it was silver, it was a heavy piece.
First wash

Final wash

1829!Spanish Mexican 8 Reales

P.S. Yes I've checked that same sidewalk strip about 12 times since then. Lol So I say to go for it and make your own most rememberable day of your life.


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[Honest Samuel]

I don't mean there yard I mean the part in-between the sidewalk and the road which is not there property.

The land between the sidewalks and the streets belongs to the towns and cities. It is up to the land owners to cut the grass and remove trash. If people harass you, call the cops and have them arrested for harassment and off to jail they will go, leaving you in peace for treasure hunting. Good hunting and good luck.

 

[foiler]

First things first. The property owner owns that strip. Easements are limited rights, key word is limited. The property owner has the right to remove you from his property if your doing anything outside the 'limited rights' easement. The easement is an access right for sidewalk and utilities. You cant pitch a tent on that grass spot and live there. Secondly, it is a public access easement so it is open to a lesser degree for argument as to the limits. Using a metal detector and punching holes in the ground certainly can test that argument. So, on the one hand you have a right to be there, on the other if the property owner does not want you to detect on his property he has the right to remove you. I wouldn't argue the point with a property owner, just move on. There are miles of strip to hunt why waste your time. I actually saw a guy using his machine in a well manicured garden that one homeowner had gone to great trouble and expense to build around an old tree at the curb. I had to stop and confront him. That's the kind of idiocy that makes life difficult for us all. Use some common sense hunting around peoples property. I generally stay away from well manicured grounds. It's obvious that the property owner gives a crap about what the curb looks like in front of their home even if you don't. There are plenty of properties where that isn't the case. I can tell you that certain curb strip areas can be very lucrative. You have to know the history of your town/city, understand human behavior, and delve into the transportation systems of the bygone eras. To sum up. Hunt he strips, respect peoples property, move on if challenged.

 

[cudamark]

First things first. The property owner owns that strip. Easements are limited rights, key word is limited. The property owner has the right to remove you from his property if your doing anything outside the 'limited rights' easement. The easement is an access right for sidewalk and utilities. You cant pitch a tent on that grass spot and live there. Secondly, it is a public access easement so it is open to a lesser degree for argument as to the limits. Using a metal detector and punching holes in the ground certainly can test that argument. So, on the one hand you have a right to be there, on the other if the property owner does not want you to detect on his property he has the right to remove you. I wouldn't argue the point with a property owner, just move on. There are miles of strip to hunt why waste your time. I actually saw a guy using his machine in a well manicured garden that one homeowner had gone to great trouble and expense to build around an old tree at the curb. I had to stop and confront him. That's the kind of idiocy that makes life difficult for us all. Use some common sense hunting around peoples property. I generally stay away from well manicured grounds. It's obvious that the property owner gives a crap about what the curb looks like in front of their home even if you don't. There are plenty of properties where that isn't the case. I can tell you that certain curb strip areas can be very lucrative. You have to know the history of your town/city, understand human behavior, and delve into the transportation systems of the bygone eras. To sum up. Hunt he strips, respect peoples property, move on if challenged.

The curb/parking strips in our town are NOT owned by the homeowner, but, they are to be maintained by the homeowner. Depending on the part of town you're in, the city owned property is from the center of the street, 20 to 30 feet toward the private property. This usually includes the street, curb, strip, and sidewalk. Most towns I've been in (and researched), this is true there too. Some towns have different rules however, so, it's incumbent on you to look up the law yourself before you detect.

 

[Tom_in_CA]

cuda-mark and foiler, let's just cut-to-the-chase : For purposes of this discussion is REALLY DOESN'T MATTER who "owns" it, right ? Because we can ALL agree that the public is not dis-allowed from being there. Right ? Otherwise how can anybody ever step out of their car from the passenger side of a vehicle ? The minute you do that, you're (gasp) stepping onto the curb-strip ! So let's all just agree on this one thing, that the public can walk there, step there, or whatever. Right ?

Ok, then it merely boils down to a dispute of legitimate use. Eg.: "standing there" versus "metal detecting" there. And I notice foilers usage of words to characterize md'ing:

" Using a metal detector and punching holes in the ground ....."

Ok, ask yourself : "What is the inescapable implication of the above characterization ? : Geeks with shovels poised to make a mess and leave holes ! Of course! Then sure, if you characterize md'ing in THAT LIGHT, well sure, then by all means don't do it ! But then SO TOO will you be disallowed from parks, schools, beaches, and anywhere else, if you make md'ing to be the automatic equivalent of "damage and mayhem".

If you leave no trace of your presence (aren't making a mess or leaving holes), then presto: you are just as innocuous as the guy getting out of the passenger side of his car, if you ask me. Is that to say that every single homeowner will agree with those semantics ? Of course not. MD'ing has connotations after all. Fine then: Pick lower traffic times when said-lookie-lou isn't there to gripe. Presto, problem solved

 

[sjvalleyhunter]

First of all, I agree with Tom. I believe that's it's simply a lot easier to avoid the problem of convincing someone you can be there by just going at low traffic times and being a responsible detectorist by leaving no trace you were there.

That being said, in discussing the topic of ownership I have to disagree with Foiler. Perhaps it is different where he lives, but in my city of over 500,000 people the grassy strips between the sidewalk and street are owned by the city. I have a working knowledge of this because I work for the city government and we deal with this issue regularly. The city is actually responsible for maintaining and trimming the trees in the strips (although we don't go out unless a homeowner calls to request it), and if a tree or branch falls on a car that is parked under one of these trees, the city pays for the repair. It is the responsibility of the homeowner to maintain the grass or any landscaping that he / she decides to plant there, but the bottom line is that strip of land is not owned by the homeowner.

If you still have a doubt, get a copy of the plat for your house. You will see that the property line will end at the edge of your front yard where the sidewalk starts. The sidewalk and grassy strip won't be on it because the homeowner does not own it.

 

[cudamark]

Looks like you're the same as us, except, in our city, the homeowner is actually responsible for the curb and sidewalk too! They rarely insist on it, but, if they come out to re-concrete them, you'll get a bill. There's a way of fighting it and winning according to some of my neighbors who have gone through the process.

 

[foiler]

I agree that there may be exceptions to property lines in various parts of the country so by all means check the plat map for your property. But know this. If the property line goes to the street and you are being tax for it, the city doesn't own it you do. What the city has is an easement. If the city owned the property they don't need an easement. I've never seen the city mowing residential curb strips. What city can afford that, ergo the home owner owns and maintains the strip in front of their homes and the city has an access and utility easement. Perhaps those living in newer suburban developments (newer to me is the 80"s) there may be special ordinances in play set up by the developer and city. When you buy a home in those developments you might want to pay attention to being responsible for property you don't own. I've always lived in older well established sections of the city so the rules where established a long time ago. New developments may have rules that are to your disadvantage. I have hunted curb strips for 50 years. I have been questioned but never run off because I don't hunt in places that say to me 'stay away'. Maybe experience helps me in that department. Enjoy your curb strip hunting.

 

[Swaveab]

I can speak for my town that the town not only owns the sidewalk and grassy strip, but they own another 2 feet toward my home. I am responsible to maintain it and have only seen the dpw cut grass strips where the home has been vacant. I do understand that many have grass right up to the street and do not own it all. I grew up in such an area and if I go there I try to get permission, but I have no qualms of just jumping into it anyway as they can't arrest me if there's no damages to 'their' property for I'm not on their property. Even if they did arrest me, it would not go well for the police's case. I use my own best judgement on how I approach it on a case by case basis. If one says no odds are I will move on unless I suspect the area to have treasure like in the case of a bus stop or something similar. I research property lines first to know what I'm getting into.

 

[Truth]

cuda-mark and foiler, let's just cut-to-the-chase : For purposes of this discussion is REALLY DOESN'T MATTER who "owns" it, right ? Because we can ALL agree that the public is not dis-allowed from being there. Right ? Otherwise how can anybody ever step out of their car from the passenger side of a vehicle ? The minute you do that, you're (gasp) stepping onto the curb-strip ! So let's all just agree on this one thing, that the public can walk there, step there, or whatever. Right ?

Ok, then it merely boils down to a dispute of legitimate use. Eg.: "standing there" versus "metal detecting" there. And I notice foilers usage of words to characterize md'ing:

" Using a metal detector and punching holes in the ground ....."

Ok, ask yourself : "What is the inescapable implication of the above characterization ? : Geeks with shovels poised to make a mess and leave holes ! Of course! Then sure, if you characterize md'ing in THAT LIGHT, well sure, then by all means don't do it ! But then SO TOO will you be disallowed from parks, schools, beaches, and anywhere else, if you make md'ing to be the automatic equivalent of "damage and mayhem".

If you leave no trace of your presence (aren't making a mess or leaving holes), then presto: you are just as innocuous as the guy getting out of the passenger side of his car, if you ask me. Is that to say that every single homeowner will agree with those semantics ? Of course not. MD'ing has connotations after all. Fine then: Pick lower traffic times when said-lookie-lou isn't there to gripe. Presto, problem solved

100% agree keep it simple


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