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Old 02-27-2008, 03:26 AM
  #16  
Jack Ryan
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Join Date: Aug 2004
Posts: 866
Default RE: I need Legal advise

The length of time may vary from state to state a little bit but if you have openly and conspicuously made use of property, the road, for the minimun number of years then you have by adverse posession got a right to use it. If you used it because you were given permission by the rightful owners then that time does not count toward adverse possesion.

If the "road" was ever used by the public as a county road then it is still a public right of way unless the county went to the effort to publicly declare it abandon. Then almost NEVER do that and I don't think they CAN do it with out consent from every property owner on the road.Other wise once the county has a right of way it is always their right away no matter if they use it every day or not for 50 years. The county's right of use for that road extends only to the most common point of use. That means it's not a set amount like 25 feet or any of that kind of baloney. If the road was gravel the right of way extends to the edge of the gravel. If paved it extends to the edge of the gravel. That is it. Not the ditch, not the trees. Only to the edge of the pavement.

99.9% of the time this is the case. Only on state highways has the right of way ever been PURCHASED for the purpose of a road and so only there is there any right of use by the state orcounty beyond the pavement.

Even if you get a lawyer, you better KNOW the law and be ready to spoon feed him what he needs to do because most of those kids don't know diddly squat about this topic. They'll just go along with the same wifes tales and bull crap they've heard and been told and not be much more help than your wife's brother's cousin.
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