Private Road ??

[kidkioti]

There is a private road RUNNING through my property that was abandoned when a new road was built, approx 7 years ago. Length is about 170 feet that ends in a dead end. I was informed that the original rights of way continue to exist.

It is abandoned and returning to nature. Any suggestions on how to go about terminating the original rights of way that exists? Your assistance concerning this matter would greatly be appreciated. KK

 

[Fixemall]

Here in NY, it matters by property addresses, see if anyone uses the road for their address. Also in order for it to remain private, you must formally close it one day a year. As far as returning it to nature, I would plant trees and remove any markers that exist, however, if you ever plan on developing your land I would keep it, nothing like trying to put a new road in with town inspectors with their hands out...BTDT.

 

[Western]

KK, I would probably try an attorney if it where me, like one free visit if that's available.
My neighbor had a verbal easement agreement through his other neighbors place for about a year. One day the Constable showed and served the 1st neighbor "papers" and the next day a crew was out putting in a fence and gate, so even the verbal agreement here required some court order.

Was /is the old easement just for another property, or does it include utilities? It would seem to me that if it was just so a landlocked property could have access, but now that has changed wit ha new road, you should be able to get it done.

I would get a copy of my deed and any other pertinent records, maybe even a few photos of the old road and the new road and head down to the lawyers office.

I am just throwing out some ideas, I'm sure someone that has more knowledge , or has dealt with this before will chime in.

One more thought: Who is responsible for the upkeep of the road? that may end up being a point. It is clearly "abandoned" so it would be hard for them to claim it is necessary.

 

[schmism]

the term you are looking for is adverse possession

Adverse possession - Wikipedia, the free encyclopedia

you will need a property lawyer to file the necessarily paperwork.

 

[JD5210]

I would start by taking pictures and get written agreement by anyone that will support your claim. I would then go to your local county planning department and find out what the definition of abandonment (that is the term by me) is for your county/state. Along with what is required to actually abandon it and will your survey need to change. I would take your deed if it is near at hand and for sure a survey of your property with you. They may not have this, but you local court house should.

The following is how it is by me and maybe different by you. Maintenance of the road is a key part of the definition of abandonment. By having the pictures in advance someone cannot run out and mow it. A private road does not require action by local supervisors, but if it is a road of record it does require action by them.

I would talk with the county first as this will cost you nothing.

 

[Ron Cloninger]

You say "Private Road", I am wandering if there is a recorded document, like a deed or easement to your adjoining property owner that gives them rights to this Private Road. Is this provate road excepted from your property's deed or is it listed in a title insurance policy in schedule B as an exception. If any of above is true then you probably would need your neighbor who the private road was they access to quit claim their rights to you.

 

[crash325]

Here in NY, it matters by property addresses, see if anyone uses the road for their address. Also in order for it to remain private, you must formally close it one day a year. As far as returning it to nature, I would plant trees and remove any markers that exist, however, if you ever plan on developing your land I would keep it, nothing like trying to put a new road in with town inspectors with their hands out...BTDT.

That is an old wives tale. There is no law to that effect. Check every law book you can find and you will never see that law or rule.

About 3 years ago, I blocked the road across my property and the cops were called. An older officer showed up and gave me that line. I told him to go check his law books and find the law. He just grinned and soon left. :thumbsup:

 

[ustmd]

As owning 1 of 4 properties that shares a private road that cuts accross all 4 properties, the first thing you need to do is get a copy of the plat for the property to see if there are recorded easements on your property.

Then, go talk to a lawyer.

Then, think about how much it will cost you and decide if it is really worth it.

Here in Texas, if there is an easement on the plat, you need to get a release from the current owners of the easement and file it with the country. Depending on the county, you may also be required to have the property replatted.

 

[schmism]

Here in Texas, if there is an easement on the plat, you need to get a release from the current owners of the easement and file it with the country. Depending on the county, you may also be required to have the property replatted.

Again you need to understand what adverse possession means. Just because the property may or may not contain an easement does not mean that the previous owner is entitled to the easement forever and ever if they have not made (in the most simplest terms) use of or continued to improve the property over that period of time.

to quote from my link above

By adverse possession, title to another's real property can be acquired without compensation, by holding the property in a manner that conflicts with the true owner's rights for a specified period.

In this case if the other party has not made an effort to exersize his right to use the road, and or maintained the property in support of that right, then the other party may claim adverse possession.

Again there will be specifics for your jurisdiction such as the time period that has passed, who has paid taxes on the ground etc that are best discussed with a lawyer specializing in land issues.

 

[greasemonkeyok]

Seems to me that if the intended use of the old easement (everyone having access to the public road) has been abandoned, the easement is abandoned also. The original easement was not, in all likelihood, set up for private access. I may have an easement to drive across your land, but that doesn't give me the right to hold a rock concert on your land. Just sayn.

 

[johnrex62]

Seems to me that if the intended use of the old easement (everyone having access to the public road) has been abandoned, the easement is abandoned also. The original easement was not, in all likelihood, set up for private access. I may have an easement to drive across your land, but that doesn't give me the right to hold a rock concert on your land. Just sayn.

Just because the easement is not being exercised does not mean the easement is abandoned. It will remain valid as long as it is on the deed or plat and can be enforced if desired.

My utility company has an easement along one side of my property which has never been utilized. Not for me of any of the prior owners of the property in the last 90 years. It is re-recorded at every sale however just in case they ever do wish to exercise it.

 

[MarkV]

Just because the easement is not being exercised does not mean the easement is abandoned. It will remain valid as long as it is on the deed or plat and can be enforced if desired.

My utility company has an easement along one side of my property which has never been utilized. Not for me of any of the prior owners of the property in the last 90 years. It is re-recorded at every sale however just in case they ever do wish to exercise it.

That is exactly the way I understand it. It has nothing to do with adverse possession. This is about an easement that is part of your deed. Without amending your deed and any others that list it as an easement it will continue to exist even if dormant.

MarkV

 

[Little_Grizzly]

Oh boy is this going to be murky. Trust me. As a land owner with an easement in perpetuity through a state park in California this area of law makes a lot of people rich (and the rest of us poor). Adverse possession is related to prescriptive easement. My suggestion is to not put a single foot on that road before talking to a lawyer. Seriously. These people love love love to go back in time and make a big deal out of things that happened way in the past. Laws vary a lot from state to state so we can't help you much.
I agree the old "lock it for one day a year" thing is a wives tale but one based in reality. It's a method to avoid prescriptive easement. It requires a lot of documentation to really carry any weight. And truthfully even then its unlikely to stand on its own.
One last thing: many states have long-term memories. Laws about abandonment or adverse possession or prescriptive easement can in some cases look back more than 100 years!

 

[kidkioti]

I appreciate the INPUT that you folks took the time to post. As a bit of an update my Wife & I have an appointment with an attorney, this PM. I'm hoping, to see if this situation can best be resolved with a cost effective solution. Any way, I doubt that it is going to quick & painle$$, more like a trip to your dentist!

I'll try to post an outdate as time permits. Just got back after meeting, taking the wife to dinner, shopping, getting her nails done etc, etc, some of you know what I mean. Later. KK

 

[psj12]

Why don't you do the common sense thing and talk to your neighbor who built the "New" road and see if he has indeed abadoned the old one? This could save you a lot of headaches and keep relations peaceful.

I know I would not appreciate the first communication of an issue to from your attorney.

 

[dodge man]

First off, is there a document that created this easement? Something like a survey plat, written into your deed and the adjoiners deed, that kind of thing? If there is, you will need the get a written document vacating that easement. Should be fairly simple for a lawyer to do. It will need to be signed by anyone that did, could, or has used the easment.

If there is no written document for this easement, I would still go through the same process, get all the adjoiners to sign off on it and vacate it.

 

[Soundguy]

it may be a prescriptive road. hit your property appraisers office, may be tax collector in your area.. pull a plat map see what is recorded. may be ROW grants issued. if so, many times you can apply to get those chnaged. lawyer on your side pushing the ink pen helps.

soundguy

There is a private road RUNNING through my property that was abandoned when a new road was built, approx 7 years ago. Length is about 170 feet that ends in a dead end. I was informed that the original rights of way continue to exist.

It is abandoned and returning to nature. Any suggestions on how to go about terminating the original rights of way that exists? Your assistance concerning this matter would greatly be appreciated. KK

 

[Lloyd_E]

Up here, a friend had a similar situation. New people bought land next to him and there was a deeded right of way across his land - on the far edge of his property. The new neighbour would never use it - had another driveway to his property so my friend offered to buy it from him and terminate the ROW. This happened and everyone is happy.

 

[kidkioti]

First off, is there a document that created this easement? Something like a survey plat, written into your deed and the adjoiners deed, that kind of thing? If there is, you will need the get a written document vacating that easement. Should be fairly simple for a lawyer to do. It will need to be signed by anyone that did, could, or has used the easment.

If there is no written document for this easement, I would still go through the same process, get all the adjoiners to sign off on it and vacate it.

With all due respect, I just have a moment before the doomsday appointment but what I would like to have done; since this is now a dead end on my property. I would like to get an agreement of release the couple of neighbors that it no longer serves. There's a bit more, if you care to check back on Private Road Matters thread. I may have some leverage as explained further there. KK

 

[ustmd]

I appreciate the INPUT that you folks took the time to post. As a bit of an update my Wife & I have an appointment with an attorney, this PM. I'm hoping, to see if this situation can best be resolved with a cost effective solution. Any way, I doubt that it is going to quick & painle$$, more like a trip to your dentist!

Good luck...I am curious to see how it works out. I don't watch any reality TV, I just follow this threads TBN :laughing:.