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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111459
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I have a piece of property that has a 60' area between properties,

Customer Question

I have a piece of property that has a 60' area between properties, that was deeded to the PUBLIC as a road. At that time it was a caleche (rock) rd. The deed does not say anything about what municipality is to care for the road. there are however a ditch on the side closest to me, with the other side having a raw grass strip. The road was between this area. Now my neighbors down the road are complaining about drainage. The city, county & drainage dist. says they have no easement & are telling residents, its the property owners responsibility. They are fussing at me. There are other businesses on the other side of my property. Is there any way we as PUBLIC can give the city & drainage dist. easement to this property? Or, are they trying to pull an abandonment or vacant road law to sell the property to the BIG business? I do have a paved road on the other side however, it would cost me a lot (48" culverts & road material) to come in from the other side.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You say that the road was deeded to the municipality as a road, did they accept the deed and do you have the records of them accepting the deed or the easement?
Customer: replied 1 year ago.
No there was no municipality designated it just shows a map & has survey. ..Deeded for the purpose descrbing the location of public roads to be used in and on said property.
dedicated and conveyed to the public. I have a copy of the deed if I need to send it to you.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Unfortunately, if your deed is showing that it was reserved for public roads, unless the municipality accepted the land or easement for the purpose of a government road, they will not take responsibility for repair of the road or drainage. There is a specific process that must be followed when someone designates a part of their land for public roads if they want the government to take responsibility, which would be that the dedication has to be brought before the municipal board or council and they have to vote to accept it and add it to the public road records. If that was not done, but the deed merely specifies it was for the purpose of public roads, then I am afraid that land still belongs to the land owner and that is who is liable for maintaining that easement or roadway.
Customer: replied 1 year ago.
So does that go back to the person that deeded it to the public or land owners along the designated road? If it goes to the land owners, how do we give rights to utilities? Mainly ditch, but I believe city sewage or water already goes on that easement. Can the land owner on lot 1 where it starts close that road off? This will cause some properties along Johnson Dr. to become land locked.
Customer: replied 1 year ago.
The businesses at the beginning of the road (where it meets a city maintained road) are parking vehicles up against their building, extending onto the easement (there is actually drainage access dedicated to the drainage dist. along the 1st portion of their property, where there is no ditch, the ditch that I am talking about ties into Drainage dist. ditches beyond that property right near mine) I only have 3 acres used for a horse pasture, these businesses on side of that road are multi-$ contractors for Dow chemical. Please help me in any way you can. This should not be my problem.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
It goes back to the current landowners that are along that road and whose deeds show that property as attached to their land. One owner cannot shut off the land as there is still an easement to all landowners along that road to use the road to access their property.
All of the owners along the road would be liable for their share of costs of making the repairs or maintenance. If you cannot get the owners to pay, you can actually sue all of the owners along the road who will not contribute to the costs of maintenance and repairs and that would mean you would need a local attorney to represent you on the suit.

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