Land Rights After County Road Abandonment

[jay25m]

I'm hoping this is the appropriate place for this question. Any help would be appreciated. We own a property in Michigan, and it is located on a dirt "2-track" so to speak. The road does not show up on any county map I've seen, however we're told it is a county road. The road is not maintained, plowed in the winter, or cared for whatsoever by the county. We have also never seen a police car patrolling the road. The road was officially abandoned back in the 50's, and I have the official paperwork showing the abandonment that was filed with the county. According to what we're told, our abandoned road was reverted back to a county road some years later, and remains that way today. I cannot locate any official documents that show this. My question is, once a road is officially abandoned, and all the proper papers are signed, filed, and approved by the county, can they take the road back a number of years later? This doesn't seem right to me.

[LandSurveyor]

The road was officially abandoned back in the 50's, and I have the official paperwork showing the abandonment that was filed with the county.

Since you have seen the paperwork, was it an abandonment for maintenance or an actual vacation of the road? It's likely that the word "vacation" will be in there somewhere if it was actually vacated.

[jay25m]

Since you have seen the paperwork, was it an abandonment for maintenance or an actual vacation of the road? It's likely that the word "vacation" will be in there somewhere if it was actually vacated.

I looked at the documents again, and didn't see the word "vacation." However, some of the pages are in bad shape and illegible, so I can't guarantee it isn't in there. The words "absolute abandonment and discontinuance" are repeated numerous times throughout the document in reference to the road. It looks like a petition was signed by all residents at the time, and from there the process was started and completed. The document is online if you'd like to see it. Just let me know. Thank you for your reply!

[LandSurveyor]

According to what we're told, our abandoned road was reverted back to a county road some years later, and remains that way today

It's all going to depend, from here, on who told you that. Was it the County Road Commission?

[jay25m]

Follow up to my response above.....I did find one place in the documents where it said "owners and occupants of said streets and avenues proposed to be vacated."

It was the local township who told us this. I have a meeting setup with the county next week to hear what they say. However, the road is not maintained whatsoever by the county now, and the County police do not patrol it. A county policeman told me last year that he could not stop people from riding ORV's on our road because it was an abandoned county road and not under his authority.

[LandSurveyor]

I have a meeting setup with the county next week to hear what they say.

Don't go unarmed. Have an attorney go with you. It will probably be money of a couple of hours well spent on the explanation of vacation and abandonment.

Good Luck!