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  1. #11
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,567

    Default Re: Land Tract Includes County Road

    The first thing we need to determine is this: Why would a new metes and bounds description have been written? And by whom for what purpose?

    Was it done by a surveyor? Was it done by someone else? Perhaps a county official?

    Was it done to provide a minimum acreage to meet a zoning requirement?

    We know none of this at this point. There was likely some reason for it.
    Resistance is not futile; it is voltage divided by current.

  2. #12
    Join Date
    Jan 2020
    Posts
    5

    Default Re: Land Tract Includes County Road

    "You previously wrote, "... the county supposedly designated the road as a county road...", this means you don't know it is a county road. That is the first thing you need to confirm."

    I'm probably not explaining this well, being a senior with very little legal knowledge. Part of the road has been a county road for many years coming straight down and ending at our (owner #1) property. Later, about 15 years ago, the county designated an additional part of the road that turned and went to landowner #2's property as an extension of the county road. Landowner #2 was using that existing logging road that had been there for years and that road was the one that was designated an extension of the county road. That extension road did not go over our property and is still not projected as running over our property. The coordinates are still showing it as running through owner #3's property - he bought the land after establishment of the county road extension and later closed the access off so owner #2 started using an existing ingress/egress easement across our land. Our problem is not with owner #2 - he's welcome to use the easement to access his property and it is in his deed and ours that he can use it. The problem is with the new current owner #3 - he is claiming that he can come onto our property and use our easement as a turnaround for heavy equipment (rather than damaging his own property) and has also told others that they can do the same since, in his eyes, our easement is now "the county road", which it never was and is still not shown to be on county records. As I mentioned earlier, we never dedicated our easement as a county road, nor were we ever advised or compensated by the county to use it as a road. The county also does not maintain the easement on our land and never has. They basically maintain only the original part of the county road that was there. Since we're out in the country, I doubt the county even knows what was done to the original road.

    So my question is: Did our easement become the county road after owner #3 closed off the designated one, even though it's never been shown to cross our land and is not maintained as a county road?

  3. #13
    Join Date
    Oct 2006
    Posts
    15,934

    Default Re: Land Tract Includes County Road

    Quote Quoting dsrev32
    View Post
    "You previously wrote, "... the county supposedly designated the road as a county road...", this means you don't know it is a county road. That is the first thing you need to confirm."

    I'm probably not explaining this well, being a senior with very little legal knowledge. Part of the road has been a county road for many years coming straight down and ending at our (owner #1) property. Later, about 15 years ago, the county designated an additional part of the road that turned and went to landowner #2's property as an extension of the county road. Landowner #2 was using that existing logging road that had been there for years and that road was the one that was designated an extension of the county road. That extension road did not go over our property and is still not projected as running over our property. The coordinates are still showing it as running through owner #3's property - he bought the land after establishment of the county road extension and later closed the access off so owner #2 started using an existing ingress/egress easement across our land. Our problem is not with owner #2 - he's welcome to use the easement to access his property and it is in his deed and ours that he can use it. The problem is with the new current owner #3 - he is claiming that he can come onto our property and use our easement as a turnaround for heavy equipment (rather than damaging his own property) and has also told others that they can do the same since, in his eyes, our easement is now "the county road", which it never was and is still not shown to be on county records. As I mentioned earlier, we never dedicated our easement as a county road, nor were we ever advised or compensated by the county to use it as a road. The county also does not maintain the easement on our land and never has. They basically maintain only the original part of the county road that was there. Since we're out in the country, I doubt the county even knows what was done to the original road.

    So my question is: Did our easement become the county road after owner #3 closed off the designated one, even though it's never been shown to cross our land and is not maintained as a county road?
    Again, you would want a real estate attorney to confirm this, but no, there is no possible way that your easement could have become the county road without you knowing about it and being extensively involved in the process. It would never be an automatic thing. If I were in your shoes I would put a gate across the easement and let landowner number 2 have a key.

  4. #14
    Join Date
    Oct 2019
    Location
    146-06 Hillside Avenue, Jamaica, NY 11435
    Posts
    8

    Default Re: Land Tract Includes County Road

    They don't possess the street. Should the district each forsake the street it would return to the land proprietor.

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