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Old 04-04-10, 10:52 PM
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ScubaBob
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Private Roads perspective from an owner of a privately owned driveway

I think there is much confusion on this topic of private roads. " 'nother"is quoting some definitions section of the vehicle code. It doesnt really say that bicyclists have a right to trespass on private property that happens to be private roads and private driveways. That section just defines a private road , private driveway, and a vehicle. Does "'nother" think that any biker can trespass on anyones private driveway (defined identical to private road in vehicle code)? If he owns a house, I suspect he doesnt want everyone on his private driveway

AlainP thinks that you can trespass if there is no barrier. Does this also apply to private driveways in residential areas or only in areas he wants to bike in the hills?

Some other people think you need a "no trespassing" sign. (actually, they are cheap at Home Depot.) So if one need a sign to enforce private property, then you won't mind me biking in your backyard if you dont have a sign? Be serious, it is still private property, and not polite, but I guess you can post your yard and I can post my property, too.

I own a parcel. I have a recorded deed to it. Their is no tract, no tract map, there was no multiparcel developer, no land for roads dedicated to the public, no road publicly maintained. I have a "meets and bounds" description, with a recorded survey and title insurance.. I have an Assessors parcel number (APN). I pay property taxes on it. I reach my property by a recorded easement across another persons private property. They have a recorded deed, APN, and pay taxes on their property, too. People higher on the hill above me reach their property by a recorded easement across my property. I dont have a right to trespass on the property of people above me. We call this comon access across our lands a private road, but it is still private property.

If you are on my property, including my private driveway that other landowners use by recorded easement, then you are trespassing.

I dont actually object to polite bikers, just to the sense of entitlement of some bikers to trespass private property and their outraged indignation that they may be stopped from trespassing when it suits them.
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