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  1. #1
    Join Date
    Apr 2013
    Posts
    28

    Default Can You Gain Title to an Abandoned Road Through Adverse Possession

    My question involves real estate located in the State of: Pa

    There is a closed road from 1961 that runs through my property it is now grown up into woods and has a fence put around it back in the 1980's when the road was closed in 1961 in ran through three properties and all 3 retained the right to use said road. My question is since the other 2 properties haven't used the road since 1961 can I file for adverse possession on the section of road that runs through my Property.

  2. #2
    Join Date
    Nov 2013
    Posts
    6,840

    Default Re: Old Town Road

    Adverse possession is based on openly using someone's property for a period of time and not being told to stop, simple put. Since you have not been using the property, I don't think that adverse possession is what will work.

    Is the road an easement on your property? Check your deed and let us know. Is/was the road owned by someone else or the town? Check the tax maps and see if it was a dedicated road. We can proceed from there.

  3. #3
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,576

    Default Re: Old Town Road

    If the road easement was originally a township or county road, it can generally be abandoned only by official act of vacation. If vacated, the portion on your parcel was likely returned to your ownership and there is a document somewhere (likely an ordinance) which you need to find.

    You should find out how and if it was officially abandoned. If it was vacated offficially, then it is not uncommon for the adjoiners to retain private easement rights of some sort, either by state law or by other provisions sometimes found in the vacation documentation. These private rights, if they exist, cannot be assumed to be extinguished by mere non-use.

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