Jump to content


Photo

Old road easement question

PHBT zombies

  • Please log in to reply
34 replies to this topic

#1 dagomike

dagomike

    Comptroller of CrapPapples

  • Patron
  • PipPipPipPipPip
  • 15325 posts

Posted 10 August 2020 - 02:16 PM

Question on expanding the surburban compound.

 

To the south of my house is an easement or whatever for a road that never happened. It’s been maintained by me for 15 years and the previous owners for like 25. The neighbors have a fence up against it and there’s no indication it isn’t simply my yard. It’s kind of like a mini open football field with no trees.  I assume it was put there for future planning, but a potential road hasn’t been possible since like the 70’s. There are warehouses to the east and the west side street dead ends up against more houses. 

 

We’re making some plans and I’m thinking about my goal of building shop/man cave. That land would allow for more possibilities than say building onto the garage. The plat map lists it as a street, so think I need to start with the road commission.

 

Anyone know what type of bureaucratic noise I would be in for? Since it’s not on the map as land, I’m wondering if it needs to be zoned and I’ll have to actually buy to from the county? We’ve enjoyed full use of it tax free, so I’ve been content to just pretend it’s mine, but would like to know the path to building on it someday.

 

A drawing for your pleasure.

 

WWCjSsJ.png

 

 


  • 0

#2 Mynameisluka

Mynameisluka

    Comptroller of Brownies

  • Patron
  • PipPipPipPipPip
  • 24770 posts

Posted 10 August 2020 - 02:41 PM

They are going to tell you that "side roade" is eventually going to become "beside roade". You asking about it will probably serve as a reminder.

Or, they could realize plans changed and offer to sell it to you.

It all depends, but you don't know until you talk to them. I certainly wouldn't build anything on it unless I bought it first.
  • 0

#3 deejaydan

deejaydan

    Comptroller of Spooning

  • Members
  • PipPipPipPip
  • 1594 posts
  • LocationFennville, MI

Posted 10 August 2020 - 02:45 PM

I was on my local planning commission, but I'm not an expert.  Sounds like approaching your local city/township/village would be the first step.  If this road isn't part of the "Land Use Plan" (Use those words, it might help), see if you could buy back the easement for either what it was purchased for 40 some years ago, or for $1.  If it isn't in the plans for the city/village/township, then they should be willing to sell it back to you.


  • 0

#4 DuncanDad

DuncanDad

    Comptroller of Complaints and Unruly Clients

  • Patron
  • PipPipPipPipPip
  • 18566 posts
  • LocationLaGrange, GA

Posted 10 August 2020 - 02:46 PM

In GA. I know there is a statue on the books that if you maintain a piece of property for some number of years, you can acquire it. Adverse possession is what's it's called.


Edited by DuncanDad, 10 August 2020 - 02:48 PM.

  • 0

#5 dagomike

dagomike

    Comptroller of CrapPapples

  • Patron
  • PipPipPipPipPip
  • 15325 posts

Posted 10 August 2020 - 03:14 PM

I was on my local planning commission, but I'm not an expert.  Sounds like approaching your local city/township/village would be the first step.  If this road isn't part of the "Land Use Plan" (Use those words, it might help), see if you could buy back the easement for either what it was purchased for 40 some years ago, or for $1.  If it isn't in the plans for the city/village/township, then they should be willing to sell it back to you.

Thanks for the insights. Do you suggest starting with the planning commission or hit up the township supervisor? 


  • 0

#6 SnowMan

SnowMan

    Advanced Snowman

  • Patron
  • PipPipPipPipPip
  • 10914 posts
  • LocationWinter...

Posted 10 August 2020 - 04:48 PM

Here, the county commissioners would have to be involved to vacate it. I see it in the meeting notes a few times a year. Iirc they have to advertise it for a couple months before they can vacate it. And during that time if someone else comes in and says they want it, it turns into an auction.

I'd start with the top administration official in the county who isn't elected.
  • 0

#7 matt6150

matt6150

    Moderately Accelerated Member

  • Patron
  • PipPipPipPipPip
  • 10021 posts
  • LocationMooresville, NC

Posted 10 August 2020 - 05:11 PM

Possibly worth contacting a lawyer. As DD mentioned adverse possession may be an option. Although you would have to prove somehow that you and the previous owner have been maintaining it this whole time. Or however amount of time needed in your state.
  • 0

#8 djinkc

djinkc

    Comptroller of Non-Defending Defenders of Inarticulate Twats

  • Patron
  • PipPipPipPipPip
  • 31663 posts
  • LocationKC - Kansas side

Posted 10 August 2020 - 05:12 PM

Cut down a sapling and see what happens


  • 1

#9 Deputy Spade

Deputy Spade

    Comptroller of King Richard V

  • Patron
  • PipPipPipPipPip
  • 39112 posts
  • LocationYor Mom’s house

Posted 10 August 2020 - 05:36 PM

^^^ knowledge


  • 0

#10 AspenLeif

AspenLeif

    Comptroller of Gingerliness

  • Members
  • PipPipPipPipPip
  • 24419 posts
  • LocationAspen, CO

Posted 10 August 2020 - 06:47 PM

In GA. I know there is a statue on the books that if you maintain a piece of property for some number of years, you can acquire it. Adverse possession is what's it's called.


It’s sort of like when you lost the war. It won’t hold a lot of weight when you actually get challenged by it.
  • 0

#11 LibraAle

LibraAle

    Comptroller of Nuns and Apostles

  • Members
  • PipPipPipPip
  • 1948 posts

Posted 10 August 2020 - 06:50 PM

In GA. I know there is a statue on the books that if you maintain a piece of property for some number of years, you can acquire it. Adverse possession is what's it's called.

Squatter's rights. The way that I've heard that kind of law worded, though, you have to be doing it without their knowledge. 


  • 0

#12 SnowMan

SnowMan

    Advanced Snowman

  • Patron
  • PipPipPipPipPip
  • 10914 posts
  • LocationWinter...

Posted 10 August 2020 - 06:54 PM

Adverse message means nothing with the government. 


  • 0

#13 matt6150

matt6150

    Moderately Accelerated Member

  • Patron
  • PipPipPipPipPip
  • 10021 posts
  • LocationMooresville, NC

Posted 10 August 2020 - 06:59 PM

Adverse message means nothing with the government.

I was kinda wondering that.
  • 0

#14 DuncanDad

DuncanDad

    Comptroller of Complaints and Unruly Clients

  • Patron
  • PipPipPipPipPip
  • 18566 posts
  • LocationLaGrange, GA

Posted 10 August 2020 - 07:01 PM

Squatter's rights. The way that I've heard that kind of law worded, though, you have to be doing it without their knowledge. 

In GA. your actions have to be in the open and take a very long time to establish.


  • 0

#15 Patrick C.

Patrick C.

    Comproller of Toilet Tank Vodka

  • Patron
  • PipPipPipPip
  • 7311 posts
  • LocationAcworth GA

Posted 10 August 2020 - 07:11 PM

page1-800px-Adverse_possession_US.pdf.jp

 

If you can show that the property has been maintained by you for 15 years, you should have a good case.  But, it is probably easier to buy it from the county if you can.  Find a real estate lawyer who is well connected at the court house. 


  • 0

#16 AspenLeif

AspenLeif

    Comptroller of Gingerliness

  • Members
  • PipPipPipPipPip
  • 24419 posts
  • LocationAspen, CO

Posted 10 August 2020 - 07:13 PM

Squatter's rights. The way that I've heard that kind of law worded, though, you have to be doing it without their knowledge.

its a fine thing, until you cone up against someone with money. Or the government.
  • 0

#17 AspenLeif

AspenLeif

    Comptroller of Gingerliness

  • Members
  • PipPipPipPipPip
  • 24419 posts
  • LocationAspen, CO

Posted 10 August 2020 - 07:16 PM

Otherwise, this is what happens. Squatted on this land for a long time.  Guy took it back.  

 

20200716_150447-scaled.jpg?resize=1200%2


  • 0

#18 AspenLeif

AspenLeif

    Comptroller of Gingerliness

  • Members
  • PipPipPipPipPip
  • 24419 posts
  • LocationAspen, CO

Posted 10 August 2020 - 07:18 PM

EdAaH6YXoAEzIMl.jpg


  • 0

#19 dagomike

dagomike

    Comptroller of CrapPapples

  • Patron
  • PipPipPipPipPip
  • 15325 posts

Posted 11 August 2020 - 05:13 AM

I loath the idea of hiring a lawyer. That would down the road though. Right now I’m curious about a path to taking possession of that land. The COVID thing has been a possitive development on the debt situation and next spring I could have some cash flow freed up from paying off the car early. That’s what got me thinking, but you, know, there are always surprises and competing priorities. 

 

The other thing that got me thinking and Aspen’s posts. The FIL is buying an acre across the street from his cottage up north. $5000. Just shaking my head at that. He’s planning to put up a big building and that rekindled my some-day plans. Anyway, the land has just been sitting for decades and the neighbors have been using it. We were looking at it and they have a garden there and storing trailers and shit on it. I wonder if that’s going to be an issue. He’s getting it surveyed and we’ll see what they do.


  • 0

#20 BlackBeerd

BlackBeerd

    Comptroller of Stain's Junk Posting

  • Members
  • PipPipPipPipPip
  • 18052 posts
  • LocationA Drunken Stupor

Posted 11 August 2020 - 05:19 AM

Question on the OP. Who is owner of record on the piece of land in question? An easement is a right to cross or otherwise use someone else's land for a specified purpose. Which would say to me that you own the land but the government made a use claim for future development. There is a time limit on easements in most States if it is't acted upon. Usually between 10 and 20 years. If you own the land and they let the easement sunset, you can request to have it removed from the record and they apply for your building permit. If the government owns the land, make a request to purchase. Fair market value will be very low because it is not big enough to be developed unless it is attracted to another property, yours or the neighbors. You could end up in a bidding war. Which would be nice. 


  • 0



Also tagged with one or more of these keywords: PHBT, zombies

0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users