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  1. #1
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    Jun 2015
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    Default What's the Effect of a Court's Ruling That a Road is Open for Public Travel

    My question involves an easement in the state of: Maryland

    I have a "road" (more like a path) that runs thru my property. Over 30 years ago, the court ruled in a trespass case, by another property owner along the road, that the path was indeed a road, and was "open to the public for travel".

    While the road is now listed on commercial GPS and the county maps, that would almost seem to be an eminant domain, and does that obligate the county to maintain/improve the road? since it is still private, I am working under the thought that the court decision was to provide access to the properties along the road. Latley, one of my neighbors feels he can walk his dog, ride horses, ride his atv, etc on my property and cites the court order as his legal claim to my land.

    Any advice on what this terminology from the court, "open to the public for travel", allows and doesnt allow? I am a bit worried that the wording is too broad, and I will have to go to court to challange/clarify this ruling. If it is going to be "public use" then I would just as soon have the county assume ownership and provide all the maintenence. That also clarifies the allowed uses of the road.
    Since the road is currently private, can I cange the alignment of the road to better suite my needs? the change in path would not change elevation or grade, and would change lenght by less than 100ft.

    Thanks,

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Did the Court Create a County Road

    If it comes down to it everything the neighbor is doing would fall under "travel"

    it doesn't sound like the state created a road but simply acknowledged there was a road there and as such determined the defendant was not trespassing.


    I think you need to hire an attorney to research what the state was considering a road and its location. Along with that the rights of the public and whether you have any rights to do anything concerning the road.

  3. #3
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    Oct 2007
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    Ohio
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    Default Re: Did the Court Create a County Road

    Any advice on what this terminology from the court, "open to the public for travel", allows and doesnt allow?
    Sure. You are not going to want to hear it. I'll refer you to the attorney who should have represented you at closing when you bought the property. It would have been clearly explained at that time. A right of way, in the public, is one of the most total burdens on a parcel of property.

    Perhaps you owned the property when the court decision came down more than 30 years ago. Perhaps later. In any case it's time to get the attorney you passed up on then and get this all explained to you. I have given out enough bad news here today so have at it.

  4. #4
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    Jun 2015
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    Default Re: Did the Court Create a County Road

    Actually I am going to want to hear it. I did not own the property when the case was adjudicated. For the first 6 years of my ownership, this road was used once in a blue moon. Since my neighbors kid got his license, my property seems to be the only way out to civilization. This is because the road is a barely a dirt road on my property and they seem to revel in the off road adventure crossing my property. when the weather is dry, you guessed it, no travel.
    My inquiry was to get opinion on the case. While the government (county commissioners) had nothing to do with nor were they involved with the original case. my question is did the court decision obligate the county in any way, or give me a basis for claiming, that the road should now be a county owned road. It would actually be better if the county owned the road as then the rules would be quite clearand I would no longer face the maintenance costs.

    Thanks,

  5. #5
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    Default Re: What's the Effect of a Court's Ruling That a Road is Open for Public Travel

    Quote Quoting horses2
    View Post


    While the road is now listed on commercial GPS and the county maps, that would almost seem to be an eminant domain, and does that obligate the county to maintain/improve the road? since it is still private, I am working under the thought that the court decision was to provide access to the properties along the road. Latley, one of my neighbors feels he can walk his dog, ride horses, ride his atv, etc on my property and cites the court order as his legal claim to my land. ,
    The county has not taken your property through eminent domain and as a private road, is not obligated to maintain or improve it even though it is for public use. It remains an easement through your property.

    You don't have to work under any assumption if you read the court file on the case and the granting language on the deeds to know exactly how the easement came into existence and why the court deemed it to be public. And your neighbor is not making any legal claim to your land but rather is asserting his right to use your land while you remain the owner.



    Quote Quoting horses2
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    Any advice on what this terminology from the court, "open to the public for travel", allows and doesnt allow? I am a bit worried that the wording is too broad, and I will have to go to court to challange/clarify this ruling.,
    The legal definition of travel (from Black's Law Dictionary) is to go from one place to another at a distance; to journey; spoken of voluntary change of place. So as already pointed out, the neighbor is using the road for travel. If the court hadn't ruled that the easement was public then there would be a finite list of dominant properties that could use the easement for ingress and egress. But public means public and now anyone can use the easement.

    Before you go to court to challenge or clarify the ruling you should read the case file to understand why the court ruled as it did. Do you know if the ruling was appealed or was the lower court ruling just accepted? I don't know if you would even be able to challenge the ruling after 30 years.



    Quote Quoting horses2
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    If it is going to be "public use" then I would just as soon have the county assume ownership and provide all the maintenence. That also clarifies the allowed uses of the road. Thanks,
    There is the possibility that you could dedicate the road to the town, city, or county. If they accept the dedication, it would become either a town or county road and the maintenance and improvement would pass to them. At that point the land under the road will no longer be yours. You can contact the town or county and discuses it with them but there is nothing you can do to compel them to accept it.



    Quote Quoting horses2
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    Since the road is currently private, can I cange the alignment of the road to better suite my needs? the change in path would not change elevation or grade, and would change lenght by less than 100ft.

    Thanks,
    Probably not without leave of the court depending on the granting language and the court decision.

    - - - Updated - - -

    Quote Quoting horses2
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    My inquiry was to get opinion on the case. While the government (county commissioners) had nothing to do with nor were they involved with the original case. my question is did the court decision obligate the county in any way, or give me a basis for claiming, that the road should now be a county owned road. It would actually be better if the county owned the road as then the rules would be quite clearand I would no longer face the maintenance costs.

    Thanks,
    We can't give you an opinion on the case without reading the file or a published opinion.

    The court decision likely had to do with easement rights of the trespasser and would not have obligated the county to anything. In ruling that the easement was public just clarified who could use the easement and that it was not a trespass.

  6. #6
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    Jun 2015
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    Default Re: What's the Effect of a Court's Ruling That a Road is Open for Public Travel

    Thanks for the input. Looks like I will need to have an attorney look into this further to see what options , if any, I have.
    As for the road alignment, the court decision makes no mention of the road location except to say it is a road open to the public from it terminus at "road A" to its terminus at "road B". There is no other mention of the routing at all. this road goes thru 3 properties on one side before entering my property, and goes thru at least 2 on the other side. Basically I am in the middle. In looking at my deed, there is a specific location of the road where it enters and again where it exits my property, and no other mention of where the road crosses the property. in a survey I had done at purchase, the road is specifically located at the enterance and exit to the property, and the only other road mention is "traverses site". There is no road outline or marking on the survey. As roads are realigned all the time, I figured as long as I dont change the entrance or exit point, and meet the road width criteria set forth in the court decision, I should be able to make a pretty good case if someone wants to "push the issue"?

  7. #7
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    Default Re: What's the Effect of a Court's Ruling That a Road is Open for Public Travel

    As more information about your situation is reveled the advise has to change.

    Forget about road dedication unless you have all the servient tenants in agreement to do it.

    And I would still speak with a local attorney before realigning the road less you throw your money and labor in the toilet.

  8. #8
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    Ohio
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    Default Re: What's the Effect of a Court's Ruling That a Road is Open for Public Travel

    As for the road alignment, the court decision makes no mention of the road location except to say it is a road open to the public from it terminus at "road A" to its terminus at "road B".
    The court needed to make no mention of the actual location of a road already in existence with a location obviously known to the public. The alignment of the road would be it's actual location on the ground as of the date of the court order. And it's location as of that date is a component of the court order. Courts are not necessarily bound by the same rules as townships, counties, or states might be bound by when creating roads, and modifying or eliminating a court-created public right of way would likely take one right back to the court for permission.

    in a survey I had done at purchase, the road is specifically located at the enterance and exit to the property
    So the location of the road on the ground was clearly established and could be found by a surveyor.

    As roads are realigned all the time, I figured as long as I dont change the entrance or exit point, and meet the road width criteria set forth in the court decision, I should be able to make a pretty good case if someone wants to "push the issue"?
    That's true but public road locations are changed only according to established laws and procedures. As I stated earlier in the thread, a public right of way is one of the most total burdens that can be placed upon a parcel of land. As the court has established the right of way and it's location, interfering with it in any way might be seen as a violation of the court order. This is sometimes referred to as contempt of court.

    Only your local attorney can take it from there.

  9. #9
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    Jun 2015
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    Default Re: What's the Effect of a Court's Ruling That a Road is Open for Public Travel

    I appreciate all the info. One more question, if someone other than myself came on to the property and "maintained" the road, ie plowed, mowed, dragged a box blade (the road is not paved), would that fall under the "travel" wording, or would that be outside the provisions of the court decision? In a case such as this, where the property is private, would the property owner normally be responsible for maintenence, and would any other private party have the right to come on to the property to do anything to the road? Would I have a right to maintain the portions of the road not on my property if, for example, tree branches overhang the road and would catch on wagons, truck bodies, etc?

    Thanks again for all the input.

  10. #10
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    Default Re: What's the Effect of a Court's Ruling That a Road is Open for Public Travel

    On the one hand, once the easement was declared public, for all practical purposes, the public was added as dominant tenants in that they became a type of dominant tenant. But there are servient tenants and it is each servient tenant's responsibility to maintain that portion of the easement that crosses their property with respect to the easement being public.

    However, what you seem to be missing is that the court case likely ruled that the easement was open to the public for travel in relation to a trespass. If the easement was open for public travel then there could not be a trespass. However, I doubt that the court addressed the original rights of the dominant tenants that were established in the first place. Those rights are likely still in place with their right of ingress/egress. The court added the right of public use for travel. And unless the granting language specifies who will maintain the easement, it usually falls on the dominant tenants but without language they cannot be compelled to maintain it .

    If you want to maintain those portions that are not on your land just ask for permission or work out some maintenance agreement with the other owners.

    The public at large cannot maintain the private road without permission of the land owners. The land still belongs to the servient tenants. The dominant tenants use the road for ingress/egress and the public uses it for travel.

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