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Tool Talk Discussion Board

Re: OT private road.


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Posted by Ron-MO on July 09, 2013 at 16:56:03 from (174.131.236.126):

In Reply to: Re: OT private road. posted by JOB on July 08, 2013 at 20:19:12:

In MO it is called prescriptive easement. About every few years I get told the county has a 40 foot easement, after reading up on it I found their is no real width requirement, and it is what it is, a right for the public to use until it is abandoned. I suppose they could condemn it, but that would go against their claim they have no money to even maintain the road, and there are a lot of roads in this county with much less than 40 feet to deal with. I planned on moving my fence to help make it wider until a commissioner told me he could just take it without my permission (keep in mind this has been under fence for probably 100 years). I decided I would hang onto it a while longer, and they can buy it (it is on my deed after all with no exceptions, or easements on it). Only 2-3 vehicles travel the road (including me and mail carrier), so i see no issue with it like it is. During hunting season there is more traffic by road hunters, and poachers, but I am somewhat less than concerned for providing for their safe travels :-) Sooner or later I will hear about it again I am sure, but I called his bluff for now.


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