# Why is it legal for strangers to spray paint my lawn? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [January 23, 2021, 2:46pm UTC](https://boards.straightdope.com/t/why-is-it-legal-for-strangers-to-spray-paint-my-lawn/931286 "2021-01-23T14:46:52Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![DavidNRockies](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidnrockies/32/6279_2.png) [@DavidNRockies](https://boards.straightdope.com/u/DavidNRockies)\ **Post date:** [January 24, 2021, 12:28am UTC](https://boards.straightdope.com/t/why-is-it-legal-for-strangers-to-spray-paint-my-lawn/931286/21 "2021-01-24T00:28:56Z")
Yeah. I guess my point was that it’s a reporting system _for the benefit of_ the utility companies whose property they seek to protect. I doubt the utility companies report in when _they_ are going to do work. Not to that system, anyway. I think they’re the _beneficiaries of_ 8-1-1, rather than being _inputs to_ it. ---
**Author:** ![gnarator](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gnarator/32/8266_2.png) [@gnarator](https://boards.straightdope.com/u/gnarator)\ **Post date:** [January 24, 2021, 12:34am UTC](https://boards.straightdope.com/t/why-is-it-legal-for-strangers-to-spray-paint-my-lawn/931286/22 "2021-01-24T00:34:44Z")
Utilities do have to use the one call system when they are about to start work, even in emergencies. While utilities locate and mark their own facilities all the time for small jobs and repairs, they are reponsible for damages if they hit someone else’s facility. ---
**Author:** ![Bijou\_Drains](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bijou_drains/32/2814_2.png) [@Bijou\_Drains](https://boards.straightdope.com/u/Bijou_Drains)\ **Post date:** [January 24, 2021, 1:09am UTC](https://boards.straightdope.com/t/why-is-it-legal-for-strangers-to-spray-paint-my-lawn/931286/23 "2021-01-24T01:09:40Z")
I called them at 2 different places for putting in a fence. They showed up in a few days and the paint did not last long. ---
**Author:** ![PoppaSan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/poppasan/32/189_2.png) [@PoppaSan](https://boards.straightdope.com/u/PoppaSan)\ **Post date:** [January 24, 2021, 2:53am UTC](https://boards.straightdope.com/t/why-is-it-legal-for-strangers-to-spray-paint-my-lawn/931286/24 "2021-01-24T02:53:27Z")
> [@commasense](#): > > I’m familiar with the concept of easements, but I was thinking of them as areas than no one owns through which utilities pass. I do not know of any areas that “no one” owns. At least areas that would have utilities passing through them. ---
**Author:** ![lobotomyboy63](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lobotomyboy63/32/2900_2.png) [@lobotomyboy63](https://boards.straightdope.com/u/lobotomyboy63)\ **Post date:** [January 24, 2021, 3:13am UTC](https://boards.straightdope.com/t/why-is-it-legal-for-strangers-to-spray-paint-my-lawn/931286/25 "2021-01-24T03:13:22Z")
> [@Die\_Capacitrix](#): > > I assume you know exactly where your land ends and the public land starts. I was 15 before I learned that the last 3-4 feet along the street of my parent’s property didn’t actually belong to them, as the local government could come through and put in a sidewalk, if they so pleased. > [@commasense](#): > > I was thinking of them as areas than no one owns through which utilities pass. > [@PoppaSan](#): > > I do not know of any areas that “no one” owns. At least areas that would have utilities passing through them. That part is really sort of co-owned, isn’t it? Like if you neglect it and weeds grow, you might get a ticket from Code Enforcement—you’re considered the owner and can’t blame the lack of upkeep on the utility. You’re not allowed to build something over it, because they might need to get in there. But maybe you can put your garbage on it for pick up or put a mailbox there. Your kids could have a lemonade stand there, though. You have some limited rights and responsbilities. They probably have more rights than you, though. I once had a house where the easement ran along the back, and we always had problems where a tree limb would snap in a storm, taking down a power line etc. We often wished the utility folks would just cut the tree down completely but they would trim it and let it grow again to become a problem again in a few years. It was penny wise, just repairing as quickly and moving on—but dollar foolish IMO. So how the “co-owner” handles his responsibilities may not be ideal. ---
**Author:** ![pabstist](https://avatars.discourse-cdn.com/v4/letter/p/e99b99/32.png) [@pabstist](https://boards.straightdope.com/u/pabstist)\ **Post date:** [January 24, 2021, 4:24am UTC](https://boards.straightdope.com/t/why-is-it-legal-for-strangers-to-spray-paint-my-lawn/931286/26 "2021-01-24T04:24:14Z")
About 8 years ago our local phone/internet/etc company upgraded houses to fiber optic. They called us, sent pamphlets, etc. Didn’t want it, didn’t care, didn’t keep track of it. About 3 years later I come home and notice footprints all over the flat roof over the sunporch, and a new shiny wire from pole to house. Don’t know why it took so long to get around to us. So I immediately call the company screaming at them about calling us first, etc etc. The ROTTED in places roof was a project for the next summer and if the idiot fell through he would have ended up inside our house with our big doggy. Does the easement really cover them walking on your roof? The company totally blew me off, said they’d call next time if they could. Out of state company with temp workers who just did not care, they just wanted to bust it out and get paid. ---
**Author:** ![Die\_Capacitrix](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/die_capacitrix/32/9_2.png) [@Die\_Capacitrix](https://boards.straightdope.com/u/Die_Capacitrix)\ **Post date:** [January 24, 2021, 7:51am UTC](https://boards.straightdope.com/t/why-is-it-legal-for-strangers-to-spray-paint-my-lawn/931286/27 "2021-01-24T07:51:30Z")
> [@lobotomyboy63](#): > > That part is really sort of co-owned, isn’t it? Not really. For my parent’s house, it’s known as the Right of Way (ROW) which is described as follows: “Property granted or reserved for, or dedicated to, public use for street purposes and utilities, together with property granted or reserved for, or dedicated to, public use for walkways, sidewalks, bikeways, and parking whether improved or unimproved, including the air rights, sub-surface rights and easements.” Theoretically they have to get permission to plant certain items, and are not allowed to remove or add trees without permisison. > Many **city** residents are interested in planting vegetables and other plants in the areas on the side or fronts of their homes in the area that is city right-of-way. Often the plantings can be accomplished in this area without impacting or jeopardizing safety of our residents or the environment; essentially, plantings cannot impact visibility, drainage, and pedestrian access/utilization. This means that anyone could call for a ROW inspection and my parents and their neighbors could get fined for failing to maintain the ROW according to the rules. I would also that if there was a sidewalk, they might be required to clear it from snow. As they have snow only once or twice a winter, this would not be a big problem. ---
**Author:** ![mjmlabs](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mjmlabs/32/69_2.png) [@mjmlabs](https://boards.straightdope.com/u/mjmlabs)\ **Post date:** [January 24, 2021, 2:26pm UTC](https://boards.straightdope.com/t/why-is-it-legal-for-strangers-to-spray-paint-my-lawn/931286/28 "2021-01-24T14:26:03Z")
With regard to the absence of a courtesy info mailing from the utility, it’s entirely plausible that they _did_ send a mailing and the delays plaguing the USPS have held it up. We’re hearing of holiday cards mailed in early December just being delivered now in late January, and those are usually First Class Mail; easy to imagine that bulk mailers to an entire neighborhood might be showing up in a week or two, especially if they originated non-locally. In my own experience, I recently tracked a mail item that went from Florida to Indiana in three days, then sat around in Indiana for eleven days before heading to its next sort point in Massachusetts. Quite frustrating. ---
**Author:** ![Bijou\_Drains](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bijou_drains/32/2814_2.png) [@Bijou\_Drains](https://boards.straightdope.com/u/Bijou_Drains)\ **Post date:** [January 24, 2021, 2:29pm UTC](https://boards.straightdope.com/t/why-is-it-legal-for-strangers-to-spray-paint-my-lawn/931286/29 "2021-01-24T14:29:12Z")
One thing I found out when I bought a house is land must have a connection to a road even if it’s dirt. If your land is surrounded by other land then you need an easement to get to a road. I assume this is true in all states. I don’t think it’s common to not be on a road but maybe it is in wide open west areas ---
**Author:** ![Powers](https://avatars.discourse-cdn.com/v4/letter/p/edb3f5/32.png) [@Powers](https://boards.straightdope.com/u/Powers)\ **Post date:** [January 24, 2021, 2:48pm UTC](https://boards.straightdope.com/t/why-is-it-legal-for-strangers-to-spray-paint-my-lawn/931286/30 "2021-01-24T14:48:54Z")
> [@Bijou\_Drains](#): > > I don’t think it’s common to not be on a road but maybe it is in wide open west areas It’s not just wide-open areas. Consider, say, a semi-rural area along a main highway. Properties along that road may have 200 feet of frontage but go back thousands of feet, or even miles, because there are no cross streets. Rules about having a connection to a road prevent such a landowner from trying to sell off just the back portion of the property without also allowing at least an easement for a driveway. Powers &8^] ---
**Author:** ![doreen](https://avatars.discourse-cdn.com/v4/letter/d/858c86/32.png) [@doreen](https://boards.straightdope.com/u/doreen)\ **Post date:** [January 24, 2021, 3:36pm UTC](https://boards.straightdope.com/t/why-is-it-legal-for-strangers-to-spray-paint-my-lawn/931286/31 "2021-01-24T15:36:51Z")
> [@lobotomyboy63](#): > > That part is really sort of co-owned, isn’t it? Like if you neglect it and weeds grow, you might get a ticket from Code Enforcement—you’re considered the owner and can’t blame the lack of upkeep on the utility. You’re not allowed to build something over it, because they might need to get in there. But maybe you can put your garbage on it for pick up or put a mailbox there. That really depends - I don’t own the sidewalk in front of my house. I do have to maintain it, and keep it clean and free of snow and ice. But I don’t own it - the laws regarding my obligations refer to either the " owner of real property abutting any sidewalk" or the " sidewalk in front of or abutting such property", distinguishing the sidewalk from the property owned. I am also responsible for cleaning 18 inches into the street - which of course I don’t own. ---
**Author:** ![doreen](https://avatars.discourse-cdn.com/v4/letter/d/858c86/32.png) [@doreen](https://boards.straightdope.com/u/doreen)\ **Post date:** [January 24, 2021, 4:12pm UTC](https://boards.straightdope.com/t/why-is-it-legal-for-strangers-to-spray-paint-my-lawn/931286/32 "2021-01-24T16:12:11Z")
I know of one situation in NYC - there are a few houses on an unofficial [street](http://theforumnewsgroup.com/2011/04/07/hidden-street-causes-problems-for-residents/?fbclid=IwAR2ZS3Lxx9Bd39I3VCvQlsgO3w340ihB1B2IEb68zENc141lDhahF9L2Y2U) that doesn’t connect to the street grid . The “driveway” is an easement so that people can get between 82 St ( a public street) and Clemente Court ( a private, unmapped street) ---
**Author:** ![Cat\_Whisperer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cat_whisperer/32/4839_2.png) [@Cat\_Whisperer](https://boards.straightdope.com/u/Cat_Whisperer)\ **Post date:** [January 25, 2021, 4:25pm UTC](https://boards.straightdope.com/t/why-is-it-legal-for-strangers-to-spray-paint-my-lawn/931286/33 "2021-01-25T16:25:24Z")
Your various cities/towns might be different, but I think most people would be surprised to look at their Real Property Report and see just how large the right-of-way easements are (think feet/meters, not inches). You can build things on them if you want, but be aware that utility companies/The City can take them down because they are not indeed on your property. [Real Property Reports | RECA](https://www.reca.ca/consumers/property-considerations/real-property-reports/) ---
**Author:** ![DavidNRockies](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidnrockies/32/6279_2.png) [@DavidNRockies](https://boards.straightdope.com/u/DavidNRockies)\ **Post date:** [January 25, 2021, 4:29pm UTC](https://boards.straightdope.com/t/why-is-it-legal-for-strangers-to-spray-paint-my-lawn/931286/34 "2021-01-25T16:29:08Z")
> [@gnarator](#): > > Utilities do have to use the one call system when they are about to start work, even in emergencies. While utilities locate and mark their own facilities all the time for small jobs and repairs, they are reponsible for damages if they hit someone else’s facility. I don’t doubt that what you say here is correct, but – if you can – would you clarify this part for me ? If the utilities have to also ‘report’ any marking and subsequent trenching work that _they_ are going to do, do you know whether or not the 8-1-1 system is supposed to provide that information _to_ a homeowner who makes inquiry ? In other words … was the OPs expectation/understanding of the 8-1-1 system in this thread correct ? If you know … Thanks. ---
**Author:** ![Elmer\_J.Fudd](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/elmer_j.fudd/32/1211_2.png) [@Elmer\_J.Fudd](https://boards.straightdope.com/u/Elmer_J.Fudd)\ **Post date:** [January 25, 2021, 6:28pm UTC](https://boards.straightdope.com/t/why-is-it-legal-for-strangers-to-spray-paint-my-lawn/931286/35 "2021-01-25T18:28:56Z")
As a former CATV lineman, I can guarantee that if you have a telephone pole behind your house, somebody is walking through your backyard a dozen or more times a year. They’ll only knock and ask permission if you have an unfriendly dog. ---
**Author:** ![gnarator](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gnarator/32/8266_2.png) [@gnarator](https://boards.straightdope.com/u/gnarator)\ **Post date:** [January 25, 2021, 6:39pm UTC](https://boards.straightdope.com/t/why-is-it-legal-for-strangers-to-spray-paint-my-lawn/931286/36 "2021-01-25T18:39:42Z")
It depends on how the ticket is requested–if it is for specific address or for a larger project. If the project is for right-of-way on 12xx block of Main Street, it might not show up if he asks about 1234 Main Street. That said, if he called and asked about a project AT&T was doing they should have been able tell him about it. Utility locating is coordinated by the Common Ground Alliance: [https://commongroundalliance.com/](https://commongroundalliance.com/) I’m not familiar with Georgia, but info can be found at [State Resource & Information Map](https://commongroundalliance.com/State/Georgia) Getting back to the OP, he references USIC, who is a contract locating company. Oftentimes utilities will hire USIC or companies like them to perform their locating. Some municipal utilities (sewer, water) locate their own facilities, as do some public utilities (gas, electric). Before starting a project, it’s common to send out mailers and hang door tags as a courtesy, but these are widely ignored. Most utilities are in easements, which are often part of the right-of-way of a street, and as such belong to the city, county, township–whatever. Often time right-of-way for a street will be 66 feet, but only 30 or so is paved. Utilities are expected to mark facilities in the project area, which may be in an easement or may be on private property. If you have utilities, you have to allow the companies reasonable access to their facilities for maintenance, safety checks, marking, meter reading, etc. So you could complain about trespassing, but if you have contracted for electric, gas, phone, etc, you have also given permission for reasonable access. ---
**Author:** ![slash2k](https://avatars.discourse-cdn.com/v4/letter/s/439d5e/32.png) [@slash2k](https://boards.straightdope.com/u/slash2k)\ **Post date:** [January 25, 2021, 6:40pm UTC](https://boards.straightdope.com/t/why-is-it-legal-for-strangers-to-spray-paint-my-lawn/931286/37 "2021-01-25T18:40:53Z")
> [@DavidNRockies](#): > > If the utilities have to also ‘report’ any marking and subsequent trenching work that _they_ are going to do, do you know whether or not the 8-1-1 system is supposed to provide that information _to_ a homeowner who makes inquiry ? At least in Kansas, yes, the 811 system will provide that information to whomever calls (homeowner, another contractor, city, etc.). Remember, the utility isn’t just calling to report “hey, we’re marking and going to dig at 123 Fourth St.”; they’re also requesting that OTHER utilities mark their own services that might be affected. AT&T doesn’t want to learn the hard way that Gas Service has an underground line there; the street dept wants the water dept and the cable company and the gas company and the sewer dept, etc., to mark what’s where before they start digging too. There is a unified utility map that the various utilities annotate, at least in my town, but it might not be exactly up-to-date, so a utility will request a locate-and-mark basically the same as a homeowner will, at least in any circumstance short of a desperate emergency. (If there’s a gas leak, e.g., they don’t wait around for the guy from AT&T.) ---
**Author:** ![a6ka97](https://avatars.discourse-cdn.com/v4/letter/a/c2a13f/32.png) [@a6ka97](https://boards.straightdope.com/u/a6ka97)\ **Post date:** [January 25, 2021, 6:46pm UTC](https://boards.straightdope.com/t/why-is-it-legal-for-strangers-to-spray-paint-my-lawn/931286/38 "2021-01-25T18:46:45Z")
Slightly off topic. Just because you called 811 before digging doesn’t mean **ALL** the utilities were found. Only the public/documented ones. My back yard neighbor came close to having a major problem when they decided to trench in an electrical line from the house to the gazebo they were building. They did everything right by calling 811 and had the utilities marked out. Nothing near the area they were trenching. Began trenching and hit a gas line and they had to shut the gas off at the street as they didn’t know if the house shut off would stop it while evacuating everybody near by. The best guess they had was somebody installed a gas line to an outdoor grill and it was now long gone. There was a shut off in the basement but it was finished so the current owner didn’t realize it was even there until they removed ceiling tiles from the gas main to the outside wall and found the shut off. Pulled up the gas line and at the end was a valve and cap so it was shut off at the end of the line. ---
**Author:** ![gnarator](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gnarator/32/8266_2.png) [@gnarator](https://boards.straightdope.com/u/gnarator)\ **Post date:** [January 25, 2021, 9:01pm UTC](https://boards.straightdope.com/t/why-is-it-legal-for-strangers-to-spray-paint-my-lawn/931286/39 "2021-01-25T21:01:34Z")
True. The line you describe is a private service and the gas company does not have to locate it–it belongs to the homeowner. Often times there are private gas, electric, sprinkler, dog fence and others I can’t think of off the top of my head. Homeowners can hire a private locator to find them before a project. If they don’t know about them, though, we get issues such as you describe. ---
**Author:** ![gnarator](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gnarator/32/8266_2.png) [@gnarator](https://boards.straightdope.com/u/gnarator)\ **Post date:** [January 25, 2021, 9:15pm UTC](https://boards.straightdope.com/t/why-is-it-legal-for-strangers-to-spray-paint-my-lawn/931286/40 "2021-01-25T21:15:02Z")
> [@slash2k](#): > > There is a unified utility map that the various utilities annotate, at least in my town, but it might not be exactly up-to-date, so a utility will request a locate-and-mark basically the same as a homeowner will, at least in any circumstance short of a desperate emergency. (If there’s a gas leak, e.g., they don’t wait around for the guy from AT&T.) There are emergency locate requests that can be made. Depending on the situation (and the state), the gas company may indeed wait until they hear from AT&T. In an emergency they may go ahead and dig, but if they damage a fiber optic line they are responsible for repairs, which may be several thousand dollars. But what if a electric line is buried nearby? That could make a bad situation worse, leading to ignition or electrocution. In an emergency utility owners will call in and give information about where their facilities are located, so at least the gas company can try to avoid the lines. [Previous page](https://boards.straightdope.com/t/why-is-it-legal-for-strangers-to-spray-paint-my-lawn/931286.md?page=1) [Next page](https://boards.straightdope.com/t/why-is-it-legal-for-strangers-to-spray-paint-my-lawn/931286.md?page=3)