Right of Way question...

[Rebeldad1]

No matter what you read here there is but one simple answer for what you can do.
Find a really goog property lawyer. Gather up ALL your easements, deeds, surveys... Anything and go have a consultation with him.

Start there first before it eats away at you.

 

[CalG]

In my area, the town has the ROW for the road based on the center of the traveled lane. That center can and DOES MOVE. The original maps mean nothing at all. It is all based on the center of the traveled lane.

Floods etc change things. ;-)

 

[Diggin It]

Not to drag out my questions.....but, this has been done. Sheriff said he'd make the entire road a "no parking" road. County came out marked entire road with no parking signs.... ...

Mysteriously, all the no parking signs have disappeared just prior to hunting season (several years ago) so now, though "it's been marked" no parking.... the signs are gone (I know where they are, the perps didn't take them, they simply tossed them into the woods)

Signs posted or not, if the ordinance is in effect, cars can be ticketed or towed ... IF your S/O will cooperate. Ours doesn't really have the staff for that though.

 

[ovrszd]

Not to drag out my questions.....but, this has been done. Sheriff said he'd make the entire road a "no parking" road. County came out marked entire road with no parking signs.... TVA at the same time, agreed that they would build/install not one but TWO parking lots on their property (we get a lot of hikers and hunters out here).... (another long backstory I'll spare you but we've had tons of issues out here over the years with people dumping trash, a dead body, killing (our) dogs and when the dogs were killed, that made it personal so I started fighting/pushing back)


Anyway...

Mysteriously, all the no parking signs have disappeared just prior to hunting season (several years ago) so now, though "it's been marked" no parking.... the signs are gone (I know where they are, the perps didn't take them, they simply tossed them into the woods)

So, if YOU happened to have a casual sunday drive out here....you would not know that the road was marked no parking....and you might park with the innocent belief that you're not doing anything wrong and I'd agree with that.

TVA went so far at a certain location to put a gate there (to block some of these same people from driving onto TVA's "public" land) AND in addition to a gate, there is a row of boulders there in front of the gate to further block the area. Just the other day, there was a guy (parked on our side which is what brings this to my mind)

I mentioned that 'this' side of the road was private property and THAT side was TVA (basically telling him he can park over there but, not over here)

He said he was an attorney.....specialized in real estate.... how wide was the ROW? and he's got a tape measure to make sure he's within the ROW. (he likely was). He interestingly went on to say that he USED to park "over there" where the gate & rocks are....and he took issue that the area was blocked which is why he parked over here. He pointed out that that property over there (blocked) was public property and he is allowed to park where he wants.....but now for those items blocking that goal.

I'm scratching my head....TVA owns the land. It might be for the greater public use however they can still control access to their land (they have put up "NO Motorized Vehicles" signs.....oh, and guess what.....? those also get ripped down)

So this is simply an issue that's never going to go away and I accept that. However, lest it totally engulf us, I keep pushing back on it where I can to try to at least, minimize the issues knowing that they'll never go away. The honorable folks will park in the parking areas and go about their business. The "special" people will park where they please and at times, WILL have up to half of their vehicles ON the roadway which can impede traffic.


That said, it is worthy of me to have an idea of what the rules really are so I'm not out spouting off to someone and I'm in the wrong. I don't want to fall into that situation.

So.... my solution the other day? After Mr. Know the Law left.... I moved two 30' dead trees to that location so it's now obstructed and like TVA has the rocks, blocked! He can walk the 500 feet down the road to the built in parking area made specifically for his needs. Oh, and he drove about 50 miles to get here (his tags showed him not living in the adjacent county but the county on the OTHER side of the adjacent county)

Be very careful about placing any obstacle within the 50' ROW, 25' each side of center of roadbed.

Get the straight line theory out of your head. That is how the property lines run, but has nothing to do with roadbed ROW.

Expensive, but, build a fence following the roadbed on the 50' ROW boundary. If people choose to park half in the road that's their choice. You are completely within your right to put up such a fence. But again, make sure you are not encroaching on the ROW.

 

[ovrszd]

Most everyone here just scratches their head wondering why they didn't simply make the center line of the road the marker for TVA's land.... the straight line is really screwy.

I explained the straight line earlier. You need to accept that the property boundary did not change with the crooked road. It remains a straight line. And remember,,,,, it has nothing to do with roadbed ROW.

 

[ovrszd]

Not necessarily. If the ROW is 40 feet yet the road is only 20? it may not be centered.

Again, accept the fact that the 40ft ROW meanders with the roadbed. Has nothing to do with property boundaries.

 

[ovrszd]

Probably because to make it match the road takes work. Anyone can draw a straight line, but to put all curves into a legal description and set the markers takes work, and who the **** wants to do that.

Exactly. And straight line property boundaries have priority over roadbed design.

 

[ovrszd]

In my area, the town has the ROW for the road based on the center of the traveled lane. That center can and DOES MOVE. The original maps mean nothing at all. It is all based on the center of the traveled lane.

Floods etc change things. ;-)

Yep. I have roads with meandering curves in them simply because of traffic habits. Maybe the roadbed leans a bit one direction. After enough years the road will sag that direction.

That doesn't mean that all of a sudden I don't have any legal right to maintain that half of the roadbed. My legal maintenance ROW follows the center of the roadbed.

 

[Jstpssng]

Again, accept the fact that the 40ft ROW meanders with the roadbed. Has nothing to do with property boundaries.

Exactly right. We are both saying the same thing using different words.

 

[ovrszd]

Exactly right. We are both saying the same thing using different words.

Yep. This can get complicated with variations in terms. In the end it's very simple and well thought out.

A person can go hire an Ambulance Chase Lawyer and throw large amounts of money at it to make a point. In the end the point will be lost, traffic will follow the meandering road, maintenance crews will follow that meandering road within their ROW boundaries and only one thing will change. Said person will have less money.