At the time of settlement i purchased title insurance and had no trouble settling the property. Can you tell me what you know about this kind of problem? i would like to help my neighbor if it does not jeopardize my own property and title. Can this paper road affect my title if i choose to put my property on the market? frederick j. Hoehn, years ago, before the process of subdividing land became governed by comprehensive and complex county regulations, developers would record plats subdividing tracts of land into small building lots. These unbuilt roads, shown on recorded subdivision plats, are called paper roads. As time passed, paper roads often would be overgrown by trees and brush so they became undistinguishable from the abutting lots.

Owners would incorporate the paper roads into their properties by planting grass, trees and shrubs. In some cases, sheds or outbuildings would be constructed within the lines of a paper road. From a legal point of view, all properties abutting a paper road have a right to use it for access to other streets shown on the subdivision plat. No property owner has a legal right to place sheds or other structures within the boundaries of a paper road. Perhaps your neighbor has constructed a shed, fence or structure in the paper road. This encroachment has created a title problem for a lender or purchaser of your neighbor's property because another property owner could legally require the encroaching structure to be removed.

The legal requirements for closing a paper road depend on whether or not it has been dedicated to and accepted by the county as a public road. Assuming you and your neighbor are the only owners whose properties abut the paper road, it could be closed through a legal procedure. After the paper road is legally closed, the abutting owners will each own to the center line of the right of way and the rights of anyone else to use the right of way will be legally nullified. You will need to consult an attorney or title company to figure out whether closing the paper road adversely affects your legal rights. The lawyer will want to review the record plats as well as your deed and title policy.

It also may be important to know the location of any improvements you may have constructed within the right of way. What is the name of your state? pennsylvania originally posted by vger2245 how do i get this information? should i go to the municipal building? since they have already told us that it was a private road and that we owned it should we get it in writing? if i review maps of the area while in the municipal building what should i look for. Join date sep 2010 posts 4 my question involves an easement in the state of: massachusetts in worcester county. This is my first post, and i have tried the search function, but i still think i could use some input on my situation. I purchased a house on a main st that is a single family home which is in between two 4 family homes. I have a single driveway to the left of my house which is shared with that adjoining multifamily.

From what i've dug up and heard from neighbors, there is a right of way behind my house between the back of my house and my garage that was originally enacted because they were going to build another row of houses along the train tracks behind my property back in the 1930s. They never went through with this and all the owners purchased up that land as backyards or in my case for the garage. My issue is that this right of way which they call a proposed road goes through my back yard, and the multi family to my right parks all over my back yard and spins their tires ripping up my driveway.

I've tried every pleasant type of communication to get this to stop, unfortunately they are not receptive. Also, they have their own driveway on their side of the house, so they technically have no need to ever use the row behind my property. I have no intent on trying to block off this right of way, i was fully aware of it's location when i purchased the house, but i was reading through the deed and other documents. Could they take me to court and force me to widen that gap? also, i have nothing against trucks or spinning the tires i have a hemi however, i do have an issue of using it to purposely damage private property. Sorry this is such a long post, i'm just pretty much lost on this issue, thank you very much for any help you can provide. The pennsylvania supreme court states the following: it has long been the rule of this commonwealth that one who claims title by adverse possession must prove that he had actual.

And hostile possession of the land for twenty one years . Of course, the natural follow up question is ldquo what do those words mean in the law? rdquo to answer that question, i have copied the relevant case law that explains each word: actual. The requirements for actual possession of a property will necessarily vary based on the nature of the property. Our case law has developed a rather strict standard for proving adverse possession of woodland. A person establishes actual possession of a woodland by `residence or cultivation of a part of the tract of land to which the woodland belongs.

1988 see also niles, supra substantial enclosure of woodland may also qualify as actual possession under certain circumstances. In order for adverse possession to ripen into title, it is necessary that such possession had been continuous and uninterrupted for the full statutory period. To constitute distinct and exclusive possession for purposes of establishing title to real property by adverse possession, the claimant 39 s possession need not be absolutely exclusive. Rather, it need only be a type of possession which would characterize an owner 39 s use. For example, in reed, the appellees, robert and audrey reed, asserted title by adverse possession to a lot adjacent to their residence. The reeds had maintained the lot by cutting the lawn and by planting and maintaining thereon various shrubbery and flowering plants.

In affirming the trial court 39 s determination that the reeds had established title to the lot by adverse possession, judge wieand, writing for a unanimous court, opined: thus, the exclusive character of appellees 39 the reeds possession was not destroyed because other persons occasionally passed unobserved over the lot. It was enough that appellees 39 possession was to the general exclusion of others and that they remonstrated with persons who attempted, without permission, to use the land. The words visible and notorious possession, as applied to the adverse holding of land by a party without color of title, mean that the claim of ownership must be evidenced by conduct sufficient to place a reasonable person on notice that his or her land is being held by the claimant as his own. 254, 570 a.2d 1079 1990 plaintiff 39 s use of defendant 39 s driveway notorious for 26 year period and therefore sufficient to establish prescriptive easement . With regard to the requirement of hostility, this court has stated: while the word 39 hostile 39 has been held not to mean ill will or hostility, it does imply the intent to hold title against the record title holder. Obviously, i don rsquo t know enough of the facts in your case to make a definitive conclusion, but based on the facts you shared, it does sound like you have an argument.

I am a little unclear by what you mean when you say ldquo paper street, rdquo however. Can you elaborate? also, keep in mind that you cannot adversely claim public property i.e. If the information that i provided was helpful, please remember to accept my post as that is the only way i will receive credit and compensation for my answer. Please understand that the complexities of most legal problems cannot be sufficiently addressed in this setting.

Accordingly, my post is intended as general information only, and should neither be construed as specific legal advice, nor as an adequate substitute for the retention of legal counsel. a street or route that is designated by a public authority to accommodate a person or a group of people. a private road is often established because an individual needs to gain access to land such a road can cross another person's property. A private road can be used by the general public and is open to all who wish to use it, but it primarily benefits those at whose request it was established. Unlike highways that are cared for by the public at large, private roads are maintained at the expense of the private individuals who requested the road. An applicant can recommend a certain location for the road, but the ultimate decision rests with the highway authority, which might vary the proposed route to comply with the public interest and statutory regulations. Distance, practicality, the interests of the applicant, and the least intrusive means of utilizing private property are some considerations involved in making a road. When a private right of way is requested over another person's property and the owner of the land over which the proposed route is sought provides a convenient and practical route, that passage will often be earmarked for a segment of the private road.

Paragraph on My Childhood Memory Essays

The authority to establish a private road is derived from the power of eminent domain and exists only when expressly provided by a statute. The statute must be strictly followed, especially when the private road benefits only the requesting party. Generally land is taken for the construction of a private road only in cases of necessity. The definition of necessity varies among the jurisdictions and is determined on a case by case basis. Some jurisdictions hold that an applicant establishes necessity when she proves that a private road is absolutely indispensable as a means of reaching her land, whereas others only require proof of a reasonable and practical need for the road.

Private roads are never opened merely because the applicant would find it a convenience. Before establishing one, the authority must consider all the facts and balance the benefit received by the limited number of people who use the road against the burden imposed on the owner of the land over which the proposed road will cross. Most statutes require that an applicant file a petition with a court to commence a civil action for the establishment of a private road. The action is between the applicant and the owner or owners whose land will be utilized in the proposed road. The court appoints viewers, commissioners, or jurors to inspect the affected area, to decide whether the road should be established, and to suggest any needed modifications. Where statutes provide for the appointment of viewers, who subsequently find the road necessary, they will map out a route that does the least amount of damage to private property and consider the needs of the applicant.