Dunlap, TN asked in Civil Litigation for Tennessee

Q: Can a person sell a ROW to the adjoining property owner if it is a county road and buyers thought it private

There is a road adjoining our property which we always were told was a private road. The man who said he owned this road sold the right of way to us in 2013. We paid $3450 for this ROW and have been paying property taxes on that parcel of land. We have since sold 1.78 acres adjoining said ROW to another individual in 2021. Now because of a problem we have with speeders on the road, we find out it is a county road. We found this out through the Assessor's office and the County Road Department. It appears we were sold the ROW to a public road. Our neighbor on the opposite side of said road also purchased to the middle of the road in 2013. What recourse do we have to recoup our purchase and taxes paid?

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Knoxville, TN
  • Licensed in Tennessee

A: Apparently you did not check the title. If not a warranty deed, no cause of action probably exists as a practical matter. With a WD, it will still be iffy. You might ask the Trustee for the taxes back, or even sue for them, but I doubt it will be successful.

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