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Re: Neighbor Put Fence in Road--Advice?
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Posted by jdemaris on January 02, 2007 at 16:21:55 from (66.218.18.114):
In Reply to: Neighbor Put Fence in Road--Advice? posted by T.C. in Tx on January 02, 2007 at 07:01:10:
I've gone through this from both sides of the argument. I live in New York, I don't know Texas law - it varies by state. In most states - Public Highway law requires a town to define all the roads maintained by the type of easement or ownership. If a town does not own a road, and does not have a deeded easement, then it is often - legally - a "highway by prescription." In some states - with such a road - the town's ROW is only as wide as the driven path -i.e. only that portion it maintains - and nothing more. In one case, the town tried to widen a road that I own. They removed trees, pushed dirt without asking my permission. I put it all back - dirt and new trees. It went to court - I won (the case that is). But, I paid my legal costs - and to a degree paid there's via taxes. Of course, the town can have a public meeting and then proceed to take my land my emminent domain.
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