My grandmother owned some land and in 1975 sold it to my parents (been in the family since 1862). In 1989 my parents sold it to a family friend, Don, and I bought it back from Don this past march. Looking over the original deeds I noticed that the driveway was deeded and was never put in my parents name in 1975. My grandmother died in 1990. The driveway doesn't show up on the tax assessment map, just the lot it goes through. My question is how can I get the driveway in my name so that I can make improvements to it such as having it paved? Below are the legal descriptions from two recordings. The last one is the one that has tax stamps on it.

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A roadway, as now established, along the South line of Section 4, Township 17N, Range 17E leading from a lot now owned and occupied by Emma Keith and husband as their home, which lot begins 302 feet west from the Southeast corner of said Section 4 and which road runs from said corner Eastward along the Section line toward the highway.
WHEREAS, the lot owned by Grantee and the lot Owned by Grantor herein formerly belonged to said Emma Keith and Zelena Bozeman, and sometime about 1935 they established a line between said lots and agreed that Emma Keith have the above roadway out to the highway over a part of the lot belonging to Zelena Bozeman, but no conveyance was made; and now, in order to fix the lines of said lots and to give paper title to Emma Keith to said roadway, this deed and a deed of this date made by Emma Keith and husband are simultaniously delivered.

-dated June 27, 1947

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All our right, title, interest and claim in and to all and every part of that certain tract of land described by beginning at the Southeast corner of Section 4, Township 17 north, Range 17 east, and from thence run Westward along the south line of said section 4 for a distance of 302 feet to a marker, thence North 210 feet to a marker, thence East 308 feet, more or less to the east line of said Section 4, thence Southward along said east line to the point of beginning.
WHEREAS, Rosa Lee Shular and husband Mike Shuler deeded a tract of land to Zelena Bozeman (which deed is of record in Deed Book R50 page 598 and a tract of land to the above Grantor, Emma Keith which deed is in Book R47 page 363); and that said two tracts of land join; that the lines between the said two tracts of land was agreed upon established by the said Grantees, Emma Keith and Zelena Bozeman shortly after the date of said deeds and that said line have remained so up to and including the present time; and at that time it was agreed that Emma Keith have a roadway out to the highway, but no conveyance was made; and that the lot deeded to Zelena Bozeman now belongs to Bert O. Pugh; and we desire by this conveyance to fix the lines as established and to fix the roadway by the conveyance simultanuously made by Bert O. Pugh and wife to Emma Keith, both conveyance being simultaniously delivered.

-dated June 27, 1947

... I noticed that the driveway was deeded and was never put in my parents name in 1975.
...

Below are the legal descriptions from two recordings. The last one is the one that has tax stamps on it.
...

Is the present owner of the land across which the driveway lies willing to sign a quitclaim deed to you? That would solve the problem.

Evidently the reason you quoted from two deeds from 1947 to ask whether their legal descriptions would be appropriate for such a new deed. With the exception of naming long-dead "present owners", possibly. But instead I suggest that you ask a surveyor or other real estate professional to come up with a current legal description.

It looks like the first deed you quoted from was intended to create a right-of-way (the south half of the driveway) across the land to the south of the section line; and the other deed was intended to create a reciprical right-of-way across the lot to the north of the section line.

The quoted descriptions in neither constitute accurate descriptions of the roadway conveyed. They just say, basically, "a roadway", along the section line. You want to know how wide it is.


... The driveway doesn't show up on the tax assessment map, just the lot it goes through. ...

In 1947, the driveway appears to have gone through two separately owned parcels. Are they now owned by the same person?

I assume you are in Alabama. So this probably won't apply to you, but in the West particularly, and depending upon the date of the public land survey, much land along section lines is subject to a 66' right-of-way along the section line.

Probably not because he crosses my property line and cuts my trees. I guess my question is what is the best way to get this deed in my name? Adverse Possession, Bill to Quite Title, etc.

Probably not because he crosses my property line and cuts my trees. I guess my question is what is the best way to get this deed in my name? Adverse Possession, Bill to Quite Title, etc.?

Yes, you could sue to quiet title based upon adverse possession. I would also argue that the right-of-way is a part of the 1975 deed (and of course the subsequent deeds in your line of title) by implication (or possibly by reference to "all apurtnences, herediments", etc. or whatever it says).