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-   -   How do I claim an unowned portion of road adjacent to my property? (https://www.askmehelpdesk.com/showthread.php?t=490237)

  • Jul 20, 2010, 03:26 PM
    NYpropertyowner
    How do I claim an unowned portion of road adjacent to my property?
    I currently live in the last house on a dead end private road. Historically, according to old tax maps, the road and surrounding property were owned by one individual. After selling off all lots on the road, this individual turned over ownership and maintenance of the road to its residents. My neighbors and I maintain the road including paying someone to plow it in winter and fix potholes. Originally, the road continued past my driveway for a couple of hundred feet, but for at least the last 10 years has not been used although it is considered a right of way for the electric company. I am considering cliaming ownership and paying taxes on this unmaintained portion of the road. Of course I would still need to allow access to the electric company. How would I go about claiming this unowned land?
  • Jul 20, 2010, 03:28 PM
    excon

    Hello N:

    There isn't any unowned land in this country. If you don't own it, your city or county probably does. You can check who owns it at your county recorder or assessor's office.

    excon
  • Jul 20, 2010, 05:17 PM
    Fr_Chuck

    And you can't just "start paying taxes" you can make request in court to have it added to your deed since you have used it for a number of years.
  • Jul 21, 2010, 04:03 PM
    AK lawyer
    Quote:

    Originally Posted by NYpropertyowner View Post
    ... Historically, according to old tax maps, the road and surrounding property were owned by one individual. After selling off all lots on the road, this individual turned over ownership and maintenance of the road to its residents.
    ...

    How did this individual "turn over ownership"? Did he convey the roadway by deed to the several residents, or did he simply say "It's yours now. Buy you have to maintain it."?

    Quote:

    Originally Posted by NYpropertyowner View Post
    ... it is considered a right of way for the electric company.

    Does the electric company have any document establishing their right to such an easement?

    Quote:

    Originally Posted by NYpropertyowner View Post
    ...
    How would I go about claiming this unowned land?

    Simply block it off, by fence or whatever, put uo "no trespassing" signs, and, if nobody objects within the requisite adverse possession statute, it's yours.

    Or, if you want to make it needlessly complicated and expensive, sue everyone in sight to quiet title. It's your choice.

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