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Re: My ''encounter'' with MTS ''Security'' in San Diego

Posted by Fred G on Thu Oct 18 02:35:41 2007, in response to Re: My ''encounter'' with MTS ''Security'' in San Diego, posted by Broadway Lion on Thu Oct 18 00:14:33 2007.

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I politely disagree with some of your points.

Many properties in NYC extend out into the sidewalk. First they have a vault space under the sidewalk which is their property, as is the sidewalk above the property. However if they do not enforce the closure on a regular basis then they loose the right to do so.

They may own the vault space but not necessarily the sidewalk above it; in fact I doubt very much their property extends to the public right-of-way. Of course I won't dispute that it's possible.

This is the reason why you can see many sidewalk cafes. They actually do own that part of the sidewalk.

Many of those are set up through a permitting process and not necessarily fee ownership of the cafe space. YMMV depending on locale.

With larger buildings you will see brass lines embedded in the sidewalk with a plaque stating who the owner is and that they can revoke access rights..

As often as I've heard this, I'd like to see that someplace.

In some cases the entire street is privately owned. Rockefeller Plaza is one of these. They close the street once a year (when they put up that giant Christmas Tree) to keep their ownership of that street active.

No, it's so that public access isn't continuous over a statutory period of time and ripens into a public easement. In our land laws, if a pattern of use is broken, the clock of continuity must start all over agein. If they own the property in fee, public access won't adversely affect the ownership but could remove your right to hinder that access.

The actual property owner, IIRC, is Columbia University.

GO LIONS!!

ROAR
LOL

your pal,
Fred

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