Re: ot land rights

Posted by noncompos on January 08, 2007 at 20:01:18 from (67.42.238.52):

In Reply to: ot land rights posted by chris sweetland on January 08, 2007 at 16:24:54:

jdemaris's comments re' reading your and your neighbors legal desc's, that surveys are just professional opinions, registered or not(unless your state happens to have some law or settled Court decisions to the contrary) and that road centerlines may or may not be along property lines are correct. Read John T Country Lawyer's comments on the two road/property threads here very recently, especially the part about these being complicated--very complicated--questions.I would guess the State Police came out on the question of whether you moved an existing survey marker, which is a crime in some places. Your County Surveyors office usually keeps "tax lot" maps, a set of maps of the whole County, to keep the tax records up to date as to who owns how much; these may or may not show where your boundary is in reference to the road, but they're for the County's convenience only, and may or may not be correct on such a point. Your County Surveyors office may also have a set of road records, maps and legal desc's of road centerlines and widths if roads were created by landowners petitioning the County Commissioners or their equivalent. In such cases there's usually a surveyors report as to whether the petitioned location is viable, hearings, the names of petitioners and objectors, etc. In the old days, when roads developed into quagmires or washed out, the maintainers (City, County or sometimes just the grader operator) sometimes just moved it over to better ground; people were usually so happy to have a road nobody objected. Our local weekly, years ago, had a pic of the County Surveyor, 200 feet or so into someones field, pointing (at his feet) to show where the road centerline was originally located. See the comments about vacating roads in one of those recent threads, and remember that some jurisdictions recognise the existence of "underlying easements", that is, road use rights that existed BEFORE the road became any kind of public way, that weren't extinguished by the road becoming public, but went into a kind of dormancy and may well "re-awaken" upon the public use being vacated (extinguished). Oh, yes: the land under County roads, and most older City streets, is generally owned by the adjacent owners to the extent their boundary lies within the road area, but that ownwership is subject to existing roadway and maybe utility rights. Oh yes II:GET LEGAL ADVICE BEFORE DOING ANYTHING RASH.

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