How do I find out who owns the land in Pulaski County Ky Road Right of Way

[d1940ou]

What is the name of your state? Kentucky

I am having a very hard time getting legal definition of who owns the land refereed to as Right of Way on the plot plan.
The subdivision was platted by owner in the 1950's. The county accepted the road based of the plot plan. The road is shown on plot as 20 feet and the right of way is 40 feet. The road has never been surveyed and it is not as shown on plot plan. It wanders within the right of way lines I believe. I had always believed the right of way was measured from center of road as shown on plot plan. I have talked to several lawyers and none seem to know how to find out who owns the land in a way that would be accepted in court. I have talked to County Clerk and says there is no record on the acceptance of roads by county. Think it was by Fiscal Court accepting in a meeting.

 

[justalayman]

1 what is the purpose of your concern

2 was the right of way overlaid onto abutting lots or was the roadway created separate from the neighboring lots?

 

[d1940ou]

I owned a building for garbage storage in front of my property on right of way. Building was approved by County. I rented a neighbor space in building. They paid the garbage bill and I maintained the build. A truck hit building destroying it. I wasn't there and the neighbor told truck owner that since it was on right of way he was the owner. I went to small claim court and the truck owner showed up with lawyer and judge could not decide who owned the build because of it been on right of way and ruled in favor of truck owner. Lawyer argued the right of way was county property which meant all county resident owned the building.

On plot plan the land is measured to right of way. The right of way is shown as 40 feet and road is shown as 20 feet.

 

[justalayman]

You didn’t answer question #2


Often when a subdivision is platted the roads are created on the plan. The property is owned by the hoa or the municipality themselves.

If it is only s right or way it would be shown overlaid on the adjacent properties.


If it is a true right of way, the underlying land is owned by whomever it is determined by a review of the deeds. You can generally determine the owner of the land by the plat map

So, simply put: if a surveyor surveyed your land would the land the building was on part of your lot or not?


But if you’ve lost in court, why does it matter? Unless your state has a right for a new trial and it is a trial de novo, you’ve lost. You don’t get a second shot at it if you failed to present the facts necessary to win.

 

[d1940ou]

I want to find out the answer. I have owned this for 50 year and time I understand what I own. Do you know where I can find the answer?

I did not understand your question 2 I guess.
All lots are defined from the Corp of Engineer Lake Cumberland Government Line. The lot line definition stops at line marked right of way shown as 40 feet. Inside of this 40 foot line is a 20 foot road. I want to understand if the county owns the land. Reading the Kentucky Statues it sounded to me if the land was not deed to county the right of way is an easement managed by county. There is no County Road Engineer and no road surveyed.

 

[justalayman]

If your lot stops at the right of way and your building was on the right of way, it wasn’t on your property.

 

[d1940ou]

If your lot stops at the right of way and your building was on the right of way, it wasn’t on your property.

Do you know where in Ky Law you find your answer? It is not deeded to Ky and the general rule of law is the right of way belongs to the adjacent property owner.
http://mrsc.org/Home/Stay-Informed/...t-is-the-Nature-of-a-Public-Right-of-Way.aspx

 

[d1940ou]

If I could prove the Right of Way was owned by me and was an easement granted to County I still have time to appeal case.

 

[d1940ou]

The judge ruling is a follows.
As there is a dispute to the actual owner of bldg, judgment entered in favor of defendant.

 

[Zigner]

Find a land-use attorney or real-estate attorney to assist you.

 

[d1940ou]

Thanks

 

[justalayman]

If I could prove the Right of Way was owned by me and was an easement granted to County I still have time to appeal case.

From Kentucky statutes:

24A.340 Appeal.
Any party aggrieved by the judgment of the small claims division may appeal within ten (10) days of the judgment to the Circuit Court in the judicial circuit where such division is located.

And from

https://courts.ky.gov/resources/publicationsresources/Publications/P6SmallClaimsHandbookweb.pdf

A short statement of the legal (not factual) issues for consideration by the judge, including an explanation as to why you believe the district judge made an error (or errors) in the small claims judgment. The small claims case will not be tried again. The judge will simply review the case file to determine if the law was applied correctly.

Apparently in Kentucky your appeal is based on a mistake of law. You are not allowed to bring in new evidence.


I believe you’ve lost and there is nothing)t you can do to change it. What you are wanting to provide to the court is new evidence.

 

[d1940ou]

Lawyer stated right of way was county property. I believe it is an easement managed by county and the property owners own the land.

 

[d1940ou]

Is it that hard of question to answer? Is there anyone who on the forum who nows how to determine ownership of the Right of Way in Garland Subdivision Burnside Ky.?

I asked the Lawyer part of forum and they answered that there were no lawyer from Ky to answer.

 

[justalayman]

Yes. You review the Land records.

A surveyor would be of benefit here. Since you are in small claims court, the cost of a surveyor could easily surpass the limit of suits in small claims so while you could obtain your answer, the cost of doing so could exceed anything won in small claims court.

But as I’ve already stated, your appeal is a true appeal. It is seeking a review of the case for mistakes of law. Failure to prove your case is not a mistake of law and would not allow for a reversal of the decision or a new trial. You are attempting to submit new evidence that you failed to provide in your first trial; that is not alllowed.

You also cannot file a new suit as this issue has already been settled in the first trial: you lost. The rule of law does not allow you to sue for the same issue multiple times.