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How do I find out who owns the land in Pulaski County Ky Road Right of Way
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justalayman
Senior Member
Actually surveyors do determine ownership, or at least determine if the right of way is part of your parcel overlaid with a right of way or not part of your parcel and the right of way a separate parcel
Simce you’ve had a survey, did the surveyor include the area of the right of way within the area he staked off indicating your parcel?
Regardless, from everything you’ve said it doesn’t matter since you cannot bring new evidence into your appeal which means your appeal will still result in your loss.
justalayman
Senior Member
Another issue that is an error in your part.
If the right of way is defined, or drawn specifically on a plat to where it could be laid out on the ground, unless there is verbiage stating that is amended by the true right of way is determined by measuring 20 feet from the centerline of the road, the placement of the roadway within the right of way is irrelevent. The right is way is where the description shows it to be. Whether the actual roadway meanders back and forth across the right of way does not alter where the right of way is.
Beyond that, unless you own the land beneath the right of way, it doesn’t matter who owns it. Your only claim is if you own the land beneat the right of way and that is determinable by a surveyor.
If the right of way is defined, or drawn specifically on a plat to where it could be laid out on the ground, unless there is verbiage stating that is amended by the true right of way is determined by measuring 20 feet from the centerline of the road, the placement of the roadway within the right of way is irrelevent. The right is way is where the description shows it to be. Whether the actual roadway meanders back and forth across the right of way does not alter where the right of way is.
Beyond that, unless you own the land beneath the right of way, it doesn’t matter who owns it. Your only claim is if you own the land beneat the right of way and that is determinable by a surveyor.
justalayman
Senior Member
Just because my information doesn’t comply with what you want to hear doesn’t mean it’s incorrect.
As to ownership: I answered that long ago. You research the land records. If you are incapable of doing that, you hire a land title company or a lawyer skilled in real estate matters.
justalayman
Senior Member
They are held by what is often callled a register of deeds office
Ownership of any land is not represented by a certificate of title. It is determined by a review of all deeds and associated affecting documents. One must follow the chain of title after which one can determine ownership
Zigner
Senior Member, Non-Attorney
You have been incredibly patient with this poster - kudos to you!
justalayman
Senior Member
Thank you.
I’m trying to be a new kindler gentler justalayman to comply with the newer forum direction
As I have tried to explain, the land records are held in the County Clerk office. There is no record of how the county accepted the Garland Subdivision into county system. It is thought by County Clerk the plat plan was voted on and accepted at fiscal court meeting and the county then started repairing the roads in the 1960's. There are no deeds for road or right of way.
justalayman
Senior Member
It really doesn’t matter how or even if the county accepted the road unless this involves an easement imposed ON your defined lot. If this is a defined roadway (as is typical in creating a subdivision), until such time the right of way is formally abandoned, it remains property not owned by you, even as a servient tenant.
When a right of way is formally abandoned, that is where ownership is given to the adjacent lot owners. Since this is an active roadway I’m pretty sure abandonment is not an issue.
So, when the surveyor drew out the survey, did your lot end st the right of way or did it show it continuing to the center of the right of way with an easement overlaid onto your land?
As to owershipmof the right of way: unless it is an easement overlaid onto your property, it is owned by the developer or whoever they transferred it to. Roadways are an odd matter regarding ownership. When creating subdivisions with platted roadways, if the plat is accepted by the state, fee title (true ownership) does not transfer to the state but would be retained by the developer, at least on paper but , it becomes a distinction without purpose. Since it is dedicated for public use it is not taxed and treated as being owned by the state for all practical purposes. Due to the dedication as a public right of way, the state has full control of the right of way as if they owned it. This is further proven by the fact such roadways are split between adjacent lots when a right of way is formally abandoned
When a right of way is formally abandoned, that is where ownership is given to the adjacent lot owners. Since this is an active roadway I’m pretty sure abandonment is not an issue.
So, when the surveyor drew out the survey, did your lot end st the right of way or did it show it continuing to the center of the right of way with an easement overlaid onto your land?
As to owershipmof the right of way: unless it is an easement overlaid onto your property, it is owned by the developer or whoever they transferred it to. Roadways are an odd matter regarding ownership. When creating subdivisions with platted roadways, if the plat is accepted by the state, fee title (true ownership) does not transfer to the state but would be retained by the developer, at least on paper but , it becomes a distinction without purpose. Since it is dedicated for public use it is not taxed and treated as being owned by the state for all practical purposes. Due to the dedication as a public right of way, the state has full control of the right of way as if they owned it. This is further proven by the fact such roadways are split between adjacent lots when a right of way is formally abandoned
It really doesn’t matter how or even if the county accepted the road unless this involves an easement imposed ON your defined lot. If this is a defined roadway (as is typical in creating a subdivision), until such time the right of way is formally abandoned, it remains property not owned by you, even as a servient tenant.
What Ky Statue defines this?
What Ky Statue defines this?
justalayman
Senior Member
It isn’t a matter of statute. It is a matter of contract. If you don’t own the land under the roadway as described in the legal description of your property, you don’t own it.
This is from a surveying website.
Right of Ways are generally easements (of a particular sort - a "super easement" - if you will) and the fee is assumed to go to the centerline regardless of what the deed calls out. Unless the deed makes an express reservation of the road, and/or unless an intent to pass fee title to the right of way is expressed. Courts assume that the subdivider did not intend to retain narrow strips of land that would serve no purpose to them.
Right of Ways are generally easements (of a particular sort - a "super easement" - if you will) and the fee is assumed to go to the centerline regardless of what the deed calls out. Unless the deed makes an express reservation of the road, and/or unless an intent to pass fee title to the right of way is expressed. Courts assume that the subdivider did not intend to retain narrow strips of land that would serve no purpose to them.
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