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Control of Right of Way

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d1940ou

Junior Member
I am new here. Don't they have a joke area where you guys can play. I would like to discuss this with those that want to be serious.
 

FarmerJ

Senior Member
D if you are able to prove the land in question falls under state laws and you feel your county atty is not following the law then write to your states atty generals office and make them aware of the problem. IF they decide to take a look into it they might tell the county atty uphold the law or face some kind of consequence for failing to uphold a state law!
 

d1940ou

Junior Member
D if you are able to prove the land in question falls under state laws and you feel your county atty is not following the law then write to your states atty generals office and make them aware of the problem. IF they decide to take a look into it they might tell the county atty uphold the law or face some kind of consequence for failing to uphold a state law!


Thanks for the response. I had not thought of that.

The Assistant County Attorney told me I own to the center of road. That is what made me ask the question who does have control. I know when there is no County Engineer the Supervisor of Roads is responsible for enforcing Right of Way laws.

How or what law defines the ownership. The Supervisor of Roads has no knowledge. They have no drawing of roads or Right of Ways.
 
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seniorjudge

Senior Member
...
The Assistant County Attorney told me I own to the center of road.
...

I doubt that for this reason:

The subdivision was made in the early 1950's. The county has taken over the roadmaintaince

It is not deeded to me. It is not deeded to him or any lot owner. I talked to the son of the man (who is now dead) who built the subdivision. He thinks the county owns the Right of Way.
 

d1940ou

Junior Member
I doubt that for this reason:

If the County does not want to claim ownership, how do I make them acknowledge that they own it. I doubt if when they took over the maintenance of the road there iwas anything that says they took over the land called Right of Way. How do you research for the record to see if the land was transferred to the county from the developer.
 

seniorjudge

Senior Member
Q: If the County does not want to claim ownership, how do I make them acknowledge that they own it. I doubt if when they took over the maintenance of the road there iwas anything that says they took over the land called Right of Way. How do you research for the record to see if the land was transferred to the county from the developer.



A: You hire a title insurance company.
 

d1940ou

Junior Member
Q: If the County does not want to claim ownership, how do I make them acknowledge that they own it. I doubt if when they took over the maintenance of the road there iwas anything that says they took over the land called Right of Way. How do you research for the record to see if the land was transferred to the county from the developer.



A: You hire a title insurance company.

The question was how do I research the records. What records and where are they located. I am pretty sure they are not with the county clerk.
 
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seniorjudge

Senior Member
The question was how do I research the records. What records and where are they located. I am pretty sure there is not they are are not with the county clerk.

I am not going to give you a course in title searching.

Go to the courthouse and ask where the land deed records are kept.

Start digging.

Don't expect to find much.
 

d1940ou

Junior Member
I am not going to give you a course in title searching.

Go to the courthouse and ask where the land deed records are kept.

Start digging.

Don't expect to find much.

I have researched deeds for 40 years. I know the people in the clerk's office and they are very helpful.
 
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d1940ou

Junior Member
I don't know, but would bet that the maintenance was decided at a Judge Executive meeting with nothing stated about property ownership.
 

d1940ou

Junior Member
The subdivision was formed from several farms in the 1950 time frame. It is about 5 miles long and 2 miles wide. There is a State Road that runs thru the middle and over the years the little roads have been tared and chip by the county. How is the transfer usually made between the seller of lots and the government agencies. Is a deed required to do this. If so, would the filed subdivision plot plan have some identification that would allow it to be traced.
 

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