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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36998
Experience:  Texas Attorney for 30 years dealing in real estate
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I bought a home on a private road. I am being told that I

Customer Question

I bought a home on a private road. I am being told that I own out to the middle of the road but my markers are 10' back from the road. Who actually owns the road? Is it the person who originally put the road in? I asked said person if anything was filed with the town or state when the road was installed and he said no. There are now 6 houses on the road but the man that put the road in owned the property from his home past my house and the next house out to the main road. Does this make the road his and if so should he file something with the town or state. It has been here for over 20 yrs.
Thank you for you assistance.
Suzie
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Ray replied 9 months ago.

Suzie hi and welcome to JA. Ray here to help you.You should check with title company that handled your purchase of your property.Unless this is a recorded road or easement then you own it to the marker here and the others have no access.It depends on what is recorded here, it should have been part of your closing and the title policy would have reflected such an encroachment on your property.I agree with you that if it is an easement it would have to be recorded in the county deed records.

If you did not use a title company you may choose to use one now to resolve this and see what encroachments are on your property and affect you here.See what you can find through title company here.It is my guess that you will find such a recorded easement but you never know.You do need to resolve this matter to fully understand your ownership rights.The title company can tell you whether there is any recorded easements.

I appreciate the chance to help you today.Thanks again.

Expert:  Ray replied 9 months ago.

There is potential for a claim of adverse possession here, so you need to resolve it and investigate here.

§812. Acquisition of rights-of-way and easements by adverse possession; notice to prevent

No person, class of persons or the public shall acquire a right-of-way or other easement through, in, upon or over the land of another by the adverse use and enjoyment thereof, unless it is continued uninterruptedly for 20 years. If a person apprehends that a right-of-way or other easement in or over his land may be acquired by custom, use or otherwise by any person, class of persons or the public, he may give public notice of his intention to prevent the acquisition of such easement by causing a copy of such notice to be posted in some conspicuous place upon the premises for 6 successive days, or in the case of land in the unorganized territory, by causing a copy of such notice to be recorded in the registry of deeds for the county where his land lies, and such posting or recording shall prevent the acquiring of such easement by use for any length of time thereafter; or he may prevent a particular person or persons from acquiring such easement by causing an attested copy of such notice to be served by an officer qualified to serve civil process upon him or them in hand or by leaving it at his or their dwelling house, or, if the person to whom such notice is to be given is not in the State such copy may be left with the tenant or occupant of the estate, if any. If there is no such tenant or occupant, a copy of such notice shall be posted for 6 successive days in some conspicuous place upon such estate. Such notice from the agent, guardian or conservator of the owner of land shall have the same effect as a notice from the owner himself. A certificate by an officer qualified to serve civil process that such copy has been served or posted by him as provided, if made upon original notice and recorded with it, within 3 months after the service or posting in the registry of deeds for the county or district in which the land lies, shall be conclusive evidence of such service or posting. [1971, c. 450, §1 (AMD).]

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