Re: Is Pasture Lane Identified in Deed the Same As a Right of Way
in your situation it seems to be merely a point of reference and does not suggest an easement for any party.
I have a few questions:
1. Does the term "pasture lane" have the same meaning as Right of Way or Easement? Does it imply one?
so far I see nothing that suggests there is an easement let alone on your property.
2. If this means that I have some kind of Right of Way on my property, what would be the width of such a right of way, and do zoning setbacks refer to the property line, or the right of way line.
I wouldn't worry about this as there is no claim by anybody other than the old guy that there was a lane and that in itself does not create nor even imply an easement.
3. Since the pasture lane has not been used for many decades, and is not shown on any tax maps as a right or way, would it be difficult to extinguish such a right of way? I should note that the adjacent property is not landlocked and has frontage on two public roads, so there would be no need for them to use the right of way.
responsible; no. Would it be a good idea? Sure. He may be able to explain things to you. Beyond that, given the fact surveys in your area of the country are very dependent on monuments and markers that could be anything from a tree to a stone to a brook to a known road. Kind of imperfect and open to interpretation often. A surveyor can use all the information from the people familiar with the area as they can get.
4. Am i responsible for notifying the surveyor of the adjacent property that he may be mistaken as to the location of such a right of way?
so far an attorney would be way premature.
Thanks for your help. I'm just hoping to figure out how much of a head ache this could turn into, and if i need to start talking with an attorney.
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.