Portal wrongly removed
CaroRules-ING
Posts: 16 ✭✭
Portal name: Vieille cloche
portal located on intersection of commercial street. Easily and safely accessible. Should not have been removed
This portal had been there for over four years
https://intel.ingress.com/intel?ll=45.58979576161691,-73.1522810831666&z=21
Post edited by NianticGiffard on
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Looks to be single home residential property
Portal is located more than 40 meter from private property and has a grass pathway leading from the road to the wayspot.
It very much seems to be in the front yard of a private residential property.
it's an industrial area,the owner is very proud to see people coming to see and take pictures of the old bell,which of course is very far from the house with several places to park his car in a very safe way come and meet him and you'll see! the gate has been in the game for years and the blues as well as the greens have used it many times
The first 5 feet is owned by the gouvernement, so they can build electricity pole, aqueduc pipe or do an enlargement of the road or even add a sidewalk. Also many little library box are placed on private property but within reach of the sidewalk.
https://www.quora.com/Is-it-true-that-the-first-5-feet-of-your-property-is-owned-by-the-government
Still a single home area. Doesnt matter what the home owner wants, rules are rules.
Niantic has stated that because rules vary by local laws, not to nominate in this area.
Niantic stated that because of differents Country law, some thing can be valid in one and invalid in another one you mean? @Roli112-PGO
As mentionned by K4l3v, the portal was located more than 40 meters from the private property, which is the requirement from Niantic guidlines
No, it's not.
First of all, the 40-meter rule only states that anything within 40 meters of a private residential property must be reviewed with extra caution not to encourage trespassing. Things within 40 meters of a PRP can still be eligible.
Second, it's not the building that counts but the property line. Here, I can't see any indication that the object is not on the same property as the house. There's no fence, hedge, nothing. Of course, you can prove that it's actually on public property, but you'll need more than pictures: a survey map, property map or something like that would be necessary and Niantic might still decide not to reinstate because it might encourage trespassing.
It doesn't matter whether the person/family living in the PRP wants you to visit or not - Niantic has made it perfectly clear a lot of times that all single-family residential properties are completely off the table. That's the rule.
No!, Thats not what I meant at all...
February 2018
Q48: Little Free Libraries... when reviewing potential portals in OPR, should LFL be approved if they are next to the road or sidewalk within the county/city right-of-way, but the lawn they are on is owned and maintained by a residential home privately owned? These seem to be on county/city property and private property at the same time. It seems the LFL is inviting the public to stop by. What do you say?
A48: According to NIA OPS, If it's on someone's private residential property (right-of-way or not), it does not meet criteria. If it's on a common area that's not associated to any private residence, that should be ok.It's hard for us to know the local nuances of legal access for a global game, so as a general rule, if it's on the 'Do Not Submit' list, do not submit them.
Unfortunately the land is part of the property. Not just the building.
As you can see on the following link : https://www.villemsh.ca/wp-content/uploads/2019/12/annexe-1-plan-de-zonage.pdf the portal is located on an industrial area (I-3) from Mont-Saint-Hilaire in Canada
this is not located on a private property
As can be seen on this PDF which represent the different Area from the city the portal is located, the portal is located on an industrial area (Area I-3) and not an habitation zone : https://www.villemsh.ca/wp-content/uploads/2019/12/annexe-1-plan-de-zonage.pdf
This is not a private property
The gate is very far from any habitation and moreover as you can see on the pictures it is an industrial area and the owner also has warehouses as shown on the picture the warehouses are circled in red so it is the seller's house.
he even had a giant fresco painted on the wall of his garage and he continually sells all kinds of material
and as you can see on the last picture the shops next door are closer than the house which I remind you is located in an industrial area.
the gate doesn't need treepassing because it is located on the city owned part of the property, so it's on the sidewalk if there was one in this old industrial area
This just proves the home is regarded separate from the warehouse you claim he owns... doesnt matter what the zone is... the primary purpose of the land is being used for a single home residence.
You can clearly see in my screenshot that the landscape where the portal is is separated from the house, and that it's not a private property
The Waypoint is/was clearly on the front lawn of a Private Residentia Property.
You are mistaken, look where the street lines up to the first property, not the 2nd.
Thanks for reaching out, @CaroRules-ING! Based on our research, the Wayspot is inside a private residential property as already communicated by Roli112-PGO, sogNinjaman-ING, and Nadiwereb-PGO, as a result, it was removed.
Having said that, I have moved the discussion to the appropriate category.