How far from the highway is public property or at what point does the private property begin?

Answer 1

AnswerThe subject area of your question is a very broad area of property law. A property must be researched in the land records to determine where the actual property lines are in relation to the abutting highway. In Massachusetts when a lot or parcel is sold it extends in theory to the center of the abutting street. I will give you one example of public rights in private property in my area.

Let's say I own a 50 X 100 foot lot with 50 frontage on a side street. The paved portion of the street is 28 feet wide from curb to curb. In my area the early developers granted a 50 foot wide easement of public way to the city. That 50 foot way can be used by the public for all purposes of a public way. Please note that the actual street is only 28 feet wide. That leaves an 11 foot wide strip along each side of the road upon which the public can pass on foot. Note also that the 11 foot strip is on my land. Although I own that strip in fee I cannot prevent the public from using it for a walkway. I purchased the lot SUBJECT TO the easement of way.

In the case of highways or streets, there should be surveys of highway layouts in the land records that would show the actual property lines. Those surveys can be reviewed by a professional title examiner who can ascertain the location of the property lines. A comprehensive title examination will reveal if the property is subject to easements of way that benefit the public.