[heifermom]

My husband and I have owned a city block of an original plotted town in Texas, since June of 1989. Block 1 lots 1 through 6 to be exact. This property is located on a state highway, visible by the public, railroad, business owners and residents. Adjacent to lot 1 is plotted a city road right -of -way of 100 ft. It has never been paved and guttered for actual traffic use due to the location of the Burlington-Northern railroad,
Business owners and residents. Adjacent to lot 1 is plotted a city road right -of -way of 100 ft. It has never been paved and guttered for actual traffic use due to the location of the railroad and beyond. On the other side of the road right-of-way is a triangle of land too small for ownership by anyone, the state has deemed "no man's land".

We have continuously maintained the right-of-way, and triangle, by mowing, cleaning up highway trash, grazing, and storage of implements for the entire 19 years. Our plotted land taxes have always been paid and are up to date. The city has never mowed, or maintained, or claimed ownership of the property until just recently granting a civic group to place a "welcome" sign on it. A welcome sign already exist about 200 yards east, placed by another civic group. Tex DOT has told us they must consolidate the signs, but they (city) insist they can put it on the right-of-way, plus leave the other one up as well. We do not want the sign erected, simply because it is unnecessary, and will continue to be unmaintained by the city government. Plus we have a rented, permitted, outdoor advertising sign on lot one that we collect rents, and pay taxes on. The proximity of the 2 signs will be too close together.

Other property owners in the township have gained possession of their right-of-ways by purchasing them from the city for $1 per foot. We have never asked to purchase, because they never maintain it and were happy with the arrangement of our continuous maintenance.

Here are my questions; can we claim adverse possession of the right-of-way? Can they block a public access right of way with a permanent structure? Can they use the right-of- way without asking the adjacent owners permission to officially close it? Should we seek restitution for maintenance for the last 19 years? How do we stop the city from allowing this sign to be placed on the property?:confused:

[Fr_Chuck]

The right of way is the city or county to do with what they want, no they do not have to ask anyone permission other than perhaps the state highway departmet, You can try and file an injuction but I doubt it will have much effect.

And you are not due any maintenance, you were never asked to, nor have they agreed to.

I would say you have little or no say,

[letmetellu]

I am not a lawyer but I do know that there is a law that says if a person keeps up a piece of land for a certain length of time that land becomes his. This may not apply to land owned by the city. I think this is called the right of public domain.

Most cities have ordinances that says you must keep your land mowed or cut if a certain percent is above one foot tall, I would think this would apply to cities also.