Results 1 to 7 of 7
  1. #1
    Join Date
    Apr 2020
    Posts
    1

    Default Merging Right of Way

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

    I recently bought a house and property. The previous owner was there for 70 years and bought when the subdivision was created. I have the original drawings and plat and it appears my property was the first division. There was a plan for a road to run along the back side of the property and never was developed. Looking at recent plat maps, other owners bordering the "road" have taken "possession"of this land. There are multiple parcels all over the sub division that people have somehow been able to claim or obtain that were originally planned to be roads. Most appear logical while others seem odd. (One person somehow owns a 20'x 200' strip that barely meets their property). How would i go about obtaining legal rights and amending my deed to include the parcel that adjoins mine? The previous owners of my property had taken care of and used this parcel for 70 years and i have continued to do so as well. I would really like to resolve this before someone else gets any ideas, as a lot of the original owners are passing or selling.
    Is this something i can do or am i going to have to obtain a lawyer to resolve?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Merging Right of Way

    Quote Quoting rodm717
    View Post
    am i going to have to obtain a lawyer to resolve?
    Yes.

    You want the property. It's complicated and not DIY. Decide if it's worth paying thousands to a lawyer to obtain title to the property. If yes, hire one. If no, forget it.

  3. #3
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Merging Right of Way

    Quote Quoting rodm717
    View Post
    My question involves real estate located in the State of: Pennsylvania

    I recently bought a house and property. The previous owner was there for 70 years and bought when the subdivision was created. I have the original drawings and plat and it appears my property was the first division. There was a plan for a road to run along the back side of the property and never was developed. Looking at recent plat maps, other owners bordering the "road" have taken "possession"of this land. There are multiple parcels all over the sub division that people have somehow been able to claim or obtain that were originally planned to be roads. Most appear logical while others seem odd. (One person somehow owns a 20'x 200' strip that barely meets their property). How would i go about obtaining legal rights and amending my deed to include the parcel that adjoins mine? The previous owners of my property had taken care of and used this parcel for 70 years and i have continued to do so as well. I would really like to resolve this before someone else gets any ideas, as a lot of the original owners are passing or selling.
    Is this something i can do or am i going to have to obtain a lawyer to resolve?
    You probably already own the property but your deed is reflecting an easement to the centerline of the proposed road.

    If the proposed platted road was never developed then the easement is extinguished and the use reverts back to the properties that abut the proposed road. That is probably why so many of the abutting property have had their deed changed to eliminate the easement.

    From your description, I don't think this is a case where you would have to file a quiet title suit. I think it is a matter of law. So consult with a local land use attorney and find out how to have your deed changed to eliminate the easement.

  4. #4
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: Merging Right of Way

    Quote Quoting rodm717
    View Post
    Looking at recent plat maps, other owners bordering the "road" have taken "possession"of this land. There are multiple parcels all over the sub division that people have somehow been able to claim or obtain that were originally planned to be roads. Most appear logical while others seem odd. (One person somehow owns a 20'x 200' strip that barely meets their property).
    I'm not sure it matters, but I'm not really following this. Once of the drawbacks of the internet message board format where there are relevant documents that everyone doesn't have access to.


    Quote Quoting rodm717
    View Post
    How would i go about obtaining legal rights and amending my deed to include the parcel that adjoins mine?
    I have no idea what you mean by "amending my deed," but that's not going to happen. Your deed says what it says -- and the seller conveyed to you that which is stated in the deed -- and that isn't going to change.

    If you're talking about acquiring ownership of property that you don't currently own, you have two options: (1) buy it from the current owner; or (2) try to acquire ownership by adverse possession. If I read correctly, the latter will take 21 years to accomplish.


    Quote Quoting rodm717
    View Post
    The previous owners of my property had taken care of and used this parcel for 70 years and i have continued to do so as well. I would really like to resolve this before someone else gets any ideas, as a lot of the original owners are passing or selling.
    Is this something i can do or am i going to have to obtain a lawyer to resolve?
    Taken care of how? Used it how? It may be that some or all of the 21 years required for adverse possession have passed. You'll need to consult with a local attorney if you want to confirm that.

  5. #5
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Merging Right of Way

    Quote Quoting pg1067
    View Post
    I'm not sure it matters, but I'm not really following this. Once of the drawbacks of the internet message board format where there are relevant documents that everyone doesn't have access to.




    I have no idea what you mean by "amending my deed," but that's not going to happen. Your deed says what it says -- and the seller conveyed to you that which is stated in the deed -- and that isn't going to change.

    If you're talking about acquiring ownership of property that you don't currently own, you have two options: (1) buy it from the current owner; or (2) try to acquire ownership by adverse possession. If I read correctly, the latter will take 21 years to accomplish.




    Taken care of how? Used it how? It may be that some or all of the 21 years required for adverse possession have passed. You'll need to consult with a local attorney if you want to confirm that.

    You should stick to the law you know. You obviously don't know easement law.

  6. #6
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Merging Right of Way

    Quote Quoting budwad
    View Post
    You should stick to the law you know. You obviously don't know easement law.
    If it is an easement there is no transfer needed the OP already owns the land. The OP seems to think he doesn't own the land and none of us has any reason to think he is wrong.

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

    Default Re: Merging Right of Way

    Well I disagree. A platted road in a subdivision creates an easement on the abutting properties to the centerline of the road. If the road is never developed then the easement is extinguished. But that doesn't change the fact that the owner of the property abutting the road still owns the property. That is the case law and you are free to research that yourself.

    When tax maps are drawn they are drawn to the deeds to establish boundaries. If deeds still reflect an easement for a road that was never developed, then it appears that an abutting owner doesn't own the land when in fact they do.

    1. Sponsored Links
       

Similar Threads

  1. Federal Taxes: Can You Use Your Existing EIN After Merging With Another Corporation
    By dountoothers2233 in forum Tax Law
    Replies: 2
    Last Post: 03-30-2017, 04:24 PM
  2. Determination of Fault: Failure to Yield the Right of Way While Merging
    By HPenny in forum Moving Violations, Parking and Traffic Tickets
    Replies: 16
    Last Post: 01-25-2016, 08:39 AM
  3. Determination of Fault: Rear Damages After Merging
    By CarolynSmith in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 07-11-2012, 10:20 AM
  4. Failure to Yield: Two Lanes Merging into One
    By babyblue05 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 03-15-2010, 04:35 PM
 
 
Sponsored Links

Legal Help, Information and Resources