irwa.freeforums.org

Hi,
There is a right-of-way to build a road through my (and my neighbors')backyard that was created in 1902 because the owner wanted to fill in the river enough to create lots on the other side of the right of way, which is of course not possible with modern environmental regulations. I own the property all the way to the river. The town will never build a road for many reasons, including proximity to the river, protected old trees, etc. So the right of way has been used as backyards all these years. I would like to get the easement abandoned. Is there a way for me to prove a road cannot be built? Does the public have the right to walk at will on the right of way? The town tried to give the right of way to the county, who said no. I am not sure where to go for advice, because we live in a small town where nobody wants to step on toes that are all connected. Any advice would be greatly appreciated, and I know it is not binding in any way. Thank you!

Riverside wrote:Hi,
There is a right-of-way to build a road through my (and my neighbors')backyard that was created in 1902 because the owner wanted to fill in the river enough to create lots on the other side of the right of way, which is of course not possible with modern environmental regulations. I own the property all the way to the river. The town will never build a road for many reasons, including proximity to the river, protected old trees, etc. So the right of way has been used as backyards all these years. I would like to get the easement abandoned. Is there a way for me to prove a road cannot be built? Does the public have the right to walk at will on the right of way? The town tried to give the right of way to the county, who said no. I am not sure where to go for advice, because we live in a small town where nobody wants to step on toes that are all connected. Any advice would be greatly appreciated, and I know it is not binding in any way. Thank you!

Who was the original Right-of-way granted to? The town or an individual? Was there any language in the 1902 document that talks about exclusivity or abandonment of the Right-of-way? You will likely have to file some kind of adverse possession affidavit. You will likely have to pay a lawyer to do it legally. In some cases, notices have to be placed in news papers etc. in order to notify any heir that may have interest in the Right-of-Way. If it was granted to the town, you will have to get the town to assign interest back to you and forever convey their interest to you. In some cases, the town might not want to sign it back over to you. Some pointy head will likely argue that they may need it some day. Local and state laws may apply in some way. Get a good real estate lawyer. Sometimes it's better to not do anything. If nobody is aware of it or uses it, it may be less of a problem than if you bring attention to it.

Thank you for the reply. I will find the answers to those goo questions. I was also hoping there was some way I could prove a road could not be built there for physical reasons, like it's too close to the river. Maybe a civil engineering survey or report would be helpful?

In my area we have a process called a "Street Vacation" to solve problems such as yours. The way it works here, the concerned party/petitioner (yourself) would file a petition with the government agency who currently owns the right-of-way using their standard "Street Vacation" process which does need to be advertised to make sure there are no other parties who have an interest in the land. The petitioner has to get a boundary survey done as well as some other services and it eventually goes before the governing board to vote at which time the petitioner can state their case in person and if they vote to approve the Street Vacation and then ownership automatically transfers to who ever owns the adjacent property or properties. There is a fee involved here to file for a Street Vacation as well but I would have no idea if this is only a local process or more commonly used nationwide.