Q: Can a private individual own a state road?
A year after purchasing my home I found out that the neighbor across the street owns across the road and about 10 feet onto my front lawn, along the the entire front of my property. We have a deeded right of way, which we believed to be with the town, as there is an old road bed there. We have done some clearing of the land, which is when we found this out, and now want to move our driveway to the center of the property for aesthetics and horse pastures. We asked her for a new right of way and she flatly refused, there is no reason this should bother her, or affect her at all except that she has the power over the decision. Is there any recourse? Is this even legal that the town allowed the sale of her property to her with the street? The street was in place many years prior to her ownership? I realize that I'm only giving you a little info here, I just don't know where to turn next.
A: It is possible for a private individual to own the land on which a right of way is given to another. Many jurisdictions prohibit creating and selling parcels that are “landlocked,” but it sounds like yours isn’t. Often, though, the neighbor’s claimed rights don’t match the recorded rights. The next step is to get a title search and a survey, and then have a lawyer read them.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
