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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116140
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Im trying to find out if a township abandoned a township

Customer Question

hello, im trying to find out if a township abandoned a township road and there is state land on one side of the abandonded road and private property on the other, what is the right of way allowance?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: northern minnesota
JA: Has any paperwork been filed?
Customer: very small township, they don't believe they formally filed, county still has it platted as a township road
JA: Anything else you want the lawyer to know before I connect you?
Customer: one more inquiry, on same township road, different question, at the end of said road at the corner where four section intersect the state owns land in the top left section and bottom right section, private owner owns bottom left and top right, can one travel from one state section directly to the other and by what width path can they travel, where corners connect are old township road beds
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 7 months 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.
There is no automatic right of way allowance on the state land. If the township abandoned the road, there has to be a record in the town council or clerk's records recording the abandonment. Their abandonment impacts only that road and it does not create any right of way on state property.
Again, the road does not create an automatic right of way across state property and if there is such a necessity for the right of way, then you would need to actually seek that from the state first and if they refuse then you could seek a right of way by necessity from the courts, but no automatic right of way is created just by abandonment of the road.