Quote:
Originally Posted by ssiguy
I'm lost. How can a street be private? Are these actual streets or more lane ways for gated communities where the land is strata and not freehold?
|
A "private" street is not maintained by any government entity; I would assume a homeowner's association pays for street maintenance of a private street neighborhood, or individual property owners pay for their section of the street.
That being said, whether a street is private or not, I think it still might be open for public access, but I don't know the laws. I don't doubt that the laws differ among the various states.
When a community/neighborhood is gated, I would assume obviously that it's not open to the public (I really hate gated communities) and all the streets within are private, and you're only allowed to be there if you live there or are visiting someone who does, or are making a delivery.
However, there are neighborhoods with private streets that are NOT gated, and don't even have "NO TRESPASSING" signs.
Here's an example in my town:
https://www.google.com/maps/@34.1124...4!8i8192?hl=en
When my partner and I first moved to South Pasadena (gosh, like 22 years ago already!), this neighborhood didn't have any gate, and on our walks, we would walk through here with no problem. Some years later they installed a remote-controlled gate, but it's only for cars---pedestrians can still enter the street. As you can see, there's only one sign that says "PRIVATE STREET," nothing about no trespassing or anything like that. I assume they want to limit cars to limit wear and tear on the street surface, but they allow people to walk through. As you can see, the gate is only to hinder vehicles; it doesn't even extend across the whole width of the street. Pedestrians can still use the sidewalk.
In another part of South Pasadena is this neighborhood:
https://www.google.com/maps/@34.1240...2!8i6656?hl=en
This area was created in the very early 1900s; I wouldn't doubt that maybe this started out as a private street, but it's public now. The street is maintained by the City. BTW those portals/gates are referred to as the "Oaklawn Portals," and have been landmarked, as the portals and bridge at the other end of the street were designed by the Greene and Greene architects, noted for their Craftsman homes.
So then, if a private street is ungated with an absence of "NO TRESPASSING/RESIDENTS ONLY" signs, do you think the public should be able to walk through? In my opinion, they should.