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A subdivision is considered private property as long as it is not owned by the government. The tract purchased by the developer is private property. Each lot sold by the developer is the private property of the purchaser. Any remaining unsold portions remain the private property of the developer. Each lot sold by the developer has the right to use the streets in the subdivision subject to the rights of everyone else to do the same.

At some point the developer or lot owners may grant the streets to the town in fee or grant an easement of public way in the streets to the town. In some jurisdictions the town can come along and take the fee to the streets or an easement of public way by eminent domain. When that happens the streets become public ways.

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Q: When is a subdivision considered private property?
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