Pedestrian traffic on private roads

Started by ValerieS2 • 8 replies • 2595 views

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ValerieS2 (Michigan)
Posts: 244

Posted:

Anybody know what the law in Michigan says about private roads regarding the following situation? A homeowner in our neighborhood accosted two walkers who were walking in our sub on their lunch break. They walk in our sub probably three days a week.

They were walking in shorts and bikini tops - not obscene, nothing showing. The lady yelled "that's inappropriate!" to them, they told her to kiss their ass, etc etc. Apparently the homeowner continued to shout at them and the walkers told her to call the police and went on their way.

Well the homeowner went to the girls workplace which is across the road from our sub and ranted to some people there. I received a call from her as well as another neighbor who witnessed the scene.

They are private roads but I don't think people can just randomly order people off the roads. LOTS of people who do not live in the sub walk and bike through - I think the bikini tops were the issue.

Anyone know to what point individuals "own" the road? To the centerline? To edge of driveway?

Thanks!

BrianB (California)
Posts: 2,820

Posted:

i think you have to read your deed very carefully.

In my former home, our streets were "public", and we owned to the curb, with granted easement for the city, etc..

In my current home, our streets are of two types: Private, with granted public access, and private.
The private street with public access is owned by the HOA, maintained by the HOA, etc. I own to the "curb" (if there was one), and the HOA owns the road. The public can be on it legally.

The Private roads with no public access are similar, owners own to the curb, the HOA owns the road, and there's no guarantee of access to the public, however, we don't enforce it much unless they cause problems.

THe two things you mention here to watch for (legal snags):
The HOA owns the road, not Homeowner. She owns an INTEREST in the road, but not the road.
If you enforce a ban, it must be on all non-owners, not just females, minorities, etc..

DonnaS (Tennessee)
Posts: 5,671

Posted:

Valerie,

This is strictly my opinion but there comes a time when we must stop trying to micromanage other people's lives. These gals walking were not causing harm to anyone. The owner is certainly entitled to not like looking at bikini tops. Be happy that they were not string bottoms. Anyhow, she needs to look away if she finds this offensive. Restricting the roads to what? No walkers at all? That would be overkill and certainly not being neighborly. These walkers use your roads because they feel safe. I really think that the resident is just way out of line with her reaction. Sorry, as I said, this is my opinion

BruceF1 (Connecticut)
Posts: 2,535

Posted:

I'm not familiar with Michigan law, but I'll put in my two cents worth anyway.

1. Even if your roads (and sidewalks) are private, I would think it would have to be posted as such before anyone could enforce anything, including your homeowner.

2. Do you have a dress code and if so, was it being violated? (I'm guessing no.)

ValerieS2 (Michigan)
Posts: 244

Posted:

Brian, Bruce thanks for the good tips. Donna no need to be sorry I share your position

It is my opinion if the homeowner went to their place of employment, the walkers should call the police and make a harassment report.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Ya gotta love those Michigan girls

ValerieS2 (Michigan)
Posts: 244

Posted:

The few months we have the sun, we make the most of it!

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Except for the homeowner you told us about who wears long-sleeved turtleneck sweaters and long skirts.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Maybe they belong to the Polar Bear Club.

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