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  1. #1
    Join Date
    Nov 2007

    Unhappy Getting Ownership of a Road or Right-of-Way

    My residential property in Maine abuts what is described in my deed as well as other abutters' properties as "a road or way" It is not clear whether this is an old road or a left over right of way. All properties abut this strip but no property taxes have ever been levied for it. It served as the sole access for an old farm behind my property to the main road. The farm has subsequently been sold to a large business entity which did an extensive survey that shows the farm as not including the "road or way" they then sold us a 2 acre parcel which surrounds the end of this road. They have acquired another access to their property. Although my neighbor abuts this road only my property and the farm (150 years old) ever used it.
    My question is: can I petition for ownership of this strip and on what basis? (excusive usage, land-locked parcel???)
    How would I do it.

  2. #2

    Default Re: road or way, right of way not clear

    I would have it surveyed and then pay your neighbor for a quit claim deed to the parcel. Then have the county tax map changed to include it with your property.

  3. #3
    Join Date
    Nov 2007

    Default Re: Getting Ownership of a Road or Right-of-Way

    I don't think my neighbor will cooperate. In addition the portion of the road (which also serves as my driveway) is on my side of a fence that both of us have constructed. Perhaps as much as 20 feet of a 50 foot wide way is on his side of that fence some of which he is using in his business operation and slopes down considerably at that point.
    I have been told that the strip would most likely be split in half and given to the abutters. Since more than half is and always has been in use as the access for my new parcel (the old farm property) as well as my driveway a 50/50 split would not be the best. If that were to happen perhaps I could quit claim for the 10 feet or so that is part of that road but is that split necessarily half and half and who would I petition to? -the city-the county?

  4. #4

    Default Re: Getting Ownership of a Road or Right-of-Way

    Why don't you quit claim to him his side of the fence and he can do the same for you.

  5. #5
    Join Date
    Nov 2007

    Default Re: Getting Ownership of a Road or Right-of-Way

    Thats a great idea. Thanks.

  6. #6

    Default Re: Getting Ownership of a Road or Right-of-Way

    All in a days work. You're welcome. Pay the little bit extra to have an attorney prepare the deeds.

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