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  1. #4
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Can You Change the Location of a Private Road

    I understand your frustration. You own the property and you believe that you have a right to do as you please with it. Unfortunately, when you buy property that has servitude attached to it, you give up some of those property right to the benefit of others or other properties. A granted easement is a non-possessory right to use someone else's property. An easement right can be established by an express grant (in a deed or a subdivision), it can be implied by facts and prior use of the land, it can happen by prescription, and the list does go on. Once the right is established, it is likely appurtenant to the land and it is forever and binding on successors unless extinguished by agreement or a judgment of a court. I assume you bought your property with the full knowledge that an easement cut across your property.

    We don't know when the original easement was granted. We don't know what the intentions of the grantor and grantee(s) was at the time. We don't have the transcript or judgment of the court to read, who testified, why the court decided the easement was public, why the decision was not appealed, so we can't say with any certainty what can be done. We have given the common law in your state about the issues you asked about and suggested you consult with a local attorney.

    This is not an eminent domain situation. Eminent domain is when the government or an agent (authorized by a legislature (a public utility)) takes land for public use. Here, the government did not take your land. You still own it.

    I still don't understand why the court granted use to the public. Does this road connect two public highways where the public cuts through from one road to the other? That might make some sense.

    What you and the other servient estates can do (if you are in agreement) is to go to the County, or the municipality, and offer the road for dedication to public use. You can research that yourself. But what it does is offer the road into the municipal or County road system. If they accept it, it would become a public road (not private) and the jurisdiction will be responsible to maintain the road.

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