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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 37086
Experience:  Texas Attorney for 30 years dealing in real estate
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I live along a mapped private road and have deeded general

Customer Question

Hi.
I live along a mapped private road and have deeded general ROW through unbroken title. My Homeowners Assoc. Was granted Right of Way in 1905 - but with restrictions that were deeded to the original grantee in 1897 - and to his heirs - in perpetuity. The question is: May I park on the ROW if I am not encroaching past the center line? (In 1897 There was s presumption of fee ownership to midline of a mapped street) The HOA conveyance states that any estate rights, now of record - pass to them as restrictions. The centerline clause is not specifically stated, but is the law of the land at the time of the conveyance, and is a matter of public record.
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Ray replied 4 months ago.

Hi and welcome to JA. Ray here to help you today.

You can do so here understanding this is a right of way and somebody may complain you are encroaching.Sp parking here carries that risk that you are encroaching on their easement.But you may also argue that you are a member of the HOA and have right to use.It is a grey thing thats all I can tell you.

You may try parking there and see if anybody complains or not.If no one complains then it is not a problem here. And you have argument as member of HOA you have right to use it too.That might protect you in this situation.Give it a try and see if anybody argues the point.

I appreciate the chance to help you today.Thanks again and the best here.

Expert:  Ray replied 4 months ago.

Please let me know if you have more follow up.If you can positive rate 5 stars it is always much appreciated.

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