city easement

[7up2000]

When you are out hunting the old parts of the city, don't forget the city easement that starts at the street and goes about 10 feet in(approximate; your city may be different). I've found several wheat pennies here--some of them very old. If a neighbor questions you, be polite. You are not trespassing on their property and do not need to leave.

 

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[Tom_in_CA]

...... You are not trespassing on their property and do not need to leave.

This topic has gotten lots of traffic on many many threads over the years, on many forums. Ie.: curb strips, parking strips, or whatever you want to call them. Do a key word search, and you'll find very detailed pros & con's of both the legal aspects ("access" versus "public" versus "private" versus "eavesment", blah blah blah). And down to the ... uh ... practical applications of those legal things. Eg.: just because, yes you can walk there, stand there, etc.... can you detect there? And then it usually devolves from there, into a debate on if or how detecting is somehow innocuous (harmless) enough that it falls under the "normal usage/access" of such land.

And as can be expected, it divides down the line of the skittish types (who also probably think you need permission for each sandbox you come to too), will say you can't do it, you need to ask the city or the homeowner, etc.... To the less skittish like yourself, who just go.

All I can say is, while you may be right that you "don't have to leave", you STILL have to take into account "picking your battles". Because let's be perfectly honest here: While YOU may know you'll leave no trace, and while YOU may know the legal ramifications, yet, think about the connotations, to the person who lives there? a) he might think you're about to leave holes (even though it's not true, yet, put yourself in his shoes). and b) he maintains/mows it (again, maybe "so what" from a legal perspective, but again, put yourself in his shoes).

So while I would explain that it's public eavesment, yet I would not go so far as to have any sort of "in your face" attitude, and stand my ground.

Pick low traffic times, avoid lookie-lous, and .... give lip service and move on, if someone's not buying your explanations. The LAST thing you want, is for some sort of city involvement (if they were to complain), where you might get a pencil pusher to decide against you.

 

[7up2000]

This topic has gotten lots of traffic on many many threads over the years, on many forums. Ie.: curb strips, parking strips, or whatever you want to call them. Do a key word search, and you'll find very detailed pros & con's of both the legal aspects ("access" versus "public" versus "private" versus "eavesment", blah blah blah). And down to the ... uh ... practical applications of those legal things. Eg.: just because, yes you can walk there, stand there, etc.... can you detect there? And then it usually devolves from there, into a debate on if or how detecting is somehow innocuous (harmless) enough that it falls under the "normal usage/access" of such land.

And as can be expected, it divides down the line of the skittish types (who also probably think you need permission for each sandbox you come to too), will say you can't do it, you need to ask the city or the homeowner, etc.... To the less skittish like yourself, who just go.

All I can say is, while you may be right that you "don't have to leave", you STILL have to take into account "picking your battles". Because let's be perfectly honest here: While YOU may know you'll leave no trace, and while YOU may know the legal ramifications, yet, think about the connotations, to the person who lives there? a) he might think you're about to leave holes (even though it's not true, yet, put yourself in his shoes). and b) he maintains/mows it (again, maybe "so what" from a legal perspective, but again, put yourself in his shoes).

So while I would explain that it's public eavesment, yet I would not go so far as to have any sort of "in your face" attitude, and stand my ground.

Pick low traffic times, avoid lookie-lous, and .... give lip service and move on, if someone's not buying your explanations. The LAST thing you want, is for some sort of city involvement (if they were to complain), where you might get a pencil pusher to decide against you.

Oh shoot, I thought I had discovered it. All your points are valid. I did not mention that it IS city property and it may or may not be technically legal to hunt there. I've never had any problem with a cop or city official telling me I can't hunt here. I like hunting easements because many detectorists haven't thought of or bothered to hunt here so there's treasure to be discovered. Let's face it, it's difficult to get permission to hunt some very old city properties and hunting the strip of land in front of the property may be the only way to access hidden treasures. Good luck, y'all.

 

[Tom_in_CA]

.... and it may or may not be technically legal to hunt there....

Well, I'm not saying don't do it Nor does something need an "express allowance" , in order to be able to do it (if that's what you mean by "technically legal"). When we md'rs set out to find places to hunt, we're not needing to look for express allowances to do this. All we need to know is, "is there an DIS-allowance of said activity?". If there's no rule saying "metal detecting forbidden" (ie.: if it's silent on the subject, not addressed either way), then in my mind, presto: It's not dis-allowed

All I was saying was to keep in mind the connotations, to the casual observer. And thus to "pick your battles". Sort of like nose-picking: Not "illegal", but .... sheesk, don't we all pick discreet timing, so as not to offend others? Same concept for md'ing. haha

 

[sckimbershot]

easements are granted by property owners to particular parties for specific purposes. property owners still retain rights to their property. does the particular easement grant a public right of way? google "easements".

 

[TXPIRATE]

The grass strips can be a good place. In front of a school in Folkeston Ga. Was hunting in 1985 was not finding much on the school grounds,someone stopped said they had seen a person hunting the school using a grid system. Well I looked at the grass strip in front of the school found 13 silver dimes that day still the most silver I ever found in one day.

 

[Tom_in_CA]

.... Well I looked at the grass strip in front of the school found 13 silver dimes that day still the most silver I ever found in one day.

Well, according to what sckimbershot has cited, the activity you do on such locations, needs to be for "specific purposes". But no worries: I'm sure you checked first with the city, to ensure that "metal detecting" was listed amongst the "specific purposes" allowed by your city. Right ? But if not, it's not too late to go back, and plant those 13 silver dimes back in that parking strip.

 

[Msbeepbeep]

We are doing it for a "specific purpose" -rescue and recovery. We are trying to rebuild our monetary system back up one silver dime at a time!