Results 1 to 5 of 5
  1. #1
    Join Date
    May 2011
    Posts
    2

    Default Underlying Ownership of Rights of Way

    My question involves an easement in the state of: Idaho
    The state purchased a right of way on a strip of land adjacent to my property in 1939. No taxes have been paid since then, and now a heir of the former owner is now claiming ownership of the underlying property, and has now quit-claimed it to someone else. The State still has the right of way. I want to use the right of way for a driveway. Doesn't ownership revert to adjoiners, not to the original underlying owners??

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Underlying Ownership of Rights of Way

    is the state intending on abandoning the ROW?

    is the land being used for anything currently? if so, by whom?

  3. #3
    Join Date
    May 2011
    Posts
    2

    Default Re: Underlying Ownership of Rights of Way

    The State does not plan on abandoning the ROW. It is currently being used as a stock drive for mostly sheep. I have also been using it as a driveway, but the entity that is now claiming the underlying ownership is now saying that I cannot use it anymore. I do not believe that they have that right.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Underlying Ownership of Rights of Way

    Doesn't ownership revert to adjoiners, not to the original underlying owners??
    If there was only a ROW purchased, the underlying owner never relinquished ownership. As such, there is no reverting of ownership. It has always remained owned by the same entity.




    Unless the state exerts their rights to utilize the ROW, the servient tenant (underlying owner) has control over the land. If you have been using it long enough, you may have a claim for a prescriptive easement but other than that, you have no rights to the property.

  5. #5
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,576

    Default Re: Underlying Ownership of Rights of Way

    It would also be interesting to know:

    How long the OP has been using the driveway. As jk points out, there may be a prescriptive easement here.

    The purpose of the right of way grant to the state (DOT, DNR, etc.) , the width, if it is a dedicated public right of way, and if so, for what purpose.

    It would also be very important to know how the parcel owned by the OP was created and how it is described in the deed. If it was conveyed to the OP or predecessors using language calling for the right of way as a boundary, it is possible, depending on the specific language, that the boundary is the centerline of the right of way.

    1. Sponsored Links
       

Similar Threads

  1. Civil Rights Restoration: Gun Ownership Rights
    By ps77 in forum Criminal Records
    Replies: 2
    Last Post: 04-01-2011, 04:07 PM
  2. Co-Ownership: Co-Ownership Rental Rights
    By Cleocatra in forum Real Estate Ownership and Title
    Replies: 2
    Last Post: 10-06-2009, 04:31 PM
  3. Business Ownership: Ownership Shares and Rights For an S Corp
    By hotwheels70 in forum Business Law
    Replies: 2
    Last Post: 06-18-2009, 06:30 AM
  4. Copyright Law: Ownership Rights to a Book
    By banjo in forum Intellectual Property
    Replies: 2
    Last Post: 02-03-2009, 10:52 PM
  5. Ownership of Rights of Way
    By seeking knowledge in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 05-31-2007, 08:35 AM
 
 
Sponsored Links

Legal Help, Information and Resources