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  1. #1
    Join Date
    Jun 2008
    Posts
    1

    Default The County Took My Road

    I live in Tennessee,my Father in Law and I own land in which an easement runs right down the middle of the land,to allow 1 home owner access. This easement is on my side of the deed. And we are not sure if the other home owner even has an prescriptive easement. The county put up a road sign 3+yrs ago with the other owners name on it. I went to the County Highway Dept.They claimed upkeep on the road, grading and gravel etc... (which is not true) for more than 7 yrs,which they say by law if the county upkeeps a road for more than 7 yrs it becomes theirs. Is this possible,is there such a Law? and if so,how can i prove they did no upkeep on this road? Ever since the sign was put up i am now having trouble with lots of traffic,and it gets worse each year,this owner owns land next to the river in which he allows access for people,and clubs to have parties every weekend,sometimes they camp for weeks at a time,there is lots of drinking and speeding cars passing between our homes all hours of the day/night. I have asked him to stop,and asked him and his guest to please drive slow and watch for children(they do not). His reply was they shouldn't be in the road anyways.He now says this is HIS road. I have called the law on the speeding cars but they were no help. I have small kids,also my Mother in laws grandkids are down on weekends,which they are back and forth all day playing. We both own 2 dogs each which have free range,they have almost been hit several times. WHAT CAN I DO??? Thanks

  2. #2
    Join Date
    May 2008
    Posts
    19

    Default Re: The County Took My Road

    I certainly feel your pain onduty. My gut instinct, from what I have gone through would tell me if there is an easement, and it is in your deed, it most likely is in the other parties deed. You should have an office, run by the county called something like the "Register of Deeds", in which you should be able to search by name or parcel id the neighbors deed. If you find they have language that is in companion to yours, I suspect they will, then it seems pretty clear to me that the county has no right to claim that strip. You would probably want to get an attorney pretty soon, and dispute the county claim. The county should be burdened with having to prove they used it for that period of time, which I'm not sure if that is true or not (first rule of thumb, do not trust what county people say). If your account states they have not done those things, the court will weigh heavily on eyewitness (I.e. you live there!) testimony. It also seems like blatant misuse by your neighbor to allow all that traffic, and he should be grateful if he has a legal document to use this thing.

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