Corner Lot Property Rights

[loreen]

What is the name of your state (only U.S. law)? NJ
We own a corner lot. There is a cornerstone marker about 15 ft in. The town came and took about 6 ft into our property without giving us any notice. They can't even give me a good reason why. They started marking the sides of the road months ago and when we called the town to question what was going on they said they would not be widening the road or adding sidewalks or doing anything new they were simply repaving the road. Months later they sent us a letter saying they were repaving the road. The company they hired just came in and crushed our bushes & trees by riding over them with their trucks. They dug up our grass, dirt, bushes & trees to make a trench and then filled it in with blacktop. They went about 6 ft into our property and widened the road in that area, even though they had told us they were not going to do that and gave us no prior notice. When I complained to the town they told me that even though we pay taxes on the property and it is part of our deed, we do not really own the property , the town does and they can do whatever they like with it.
Q: What are our rights?
Can they just take that part of my property without notice or good reason?
How can I get my property line back &/or how can I stop them from taking more of my
property?

 

[divgradcurl]

Look at your deed. Is there an easement for the road? Is the new road still within the boundaries of the easement? If so, there is probably little you can do. If not, talk to a lawyer in your town.

 

[FarmerJ]

Your only option may be to start attending EVERY city /town council meeting and never allow them say A and do B since meetings are supposed to be open.

 

[nextwife]

What is the name of your state (only U.S. law)? NJ
We own a corner lot. There is a cornerstone marker about 15 ft in. The town came and took about 6 ft into our property without giving us any notice. They can't even give me a good reason why. They started marking the sides of the road months ago and when we called the town to question what was going on they said they would not be widening the road or adding sidewalks or doing anything new they were simply repaving the road. Months later they sent us a letter saying they were repaving the road. The company they hired just came in and crushed our bushes & trees by riding over them with their trucks. They dug up our grass, dirt, bushes & trees to make a trench and then filled it in with blacktop. They went about 6 ft into our property and widened the road in that area, even though they had told us they were not going to do that and gave us no prior notice. When I complained to the town they told me that even though we pay taxes on the property and it is part of our deed, we do not really own the property , the town does and they can do whatever they like with it.
Q: What are our rights?
Can they just take that part of my property without notice or good reason?
How can I get my property line back &/or how can I stop them from taking more of my
property?

Do you KNOW for a fact that the land "taken" was YOURS to begin with? Have you looked at a current survey to see where your legal description begins and ends? You are PRESUMING the grassy area to the street was part of your legal, but WAS it? The land may always have been started from X feet away from the center line of the road.

And, as stated, read your title to see if there were any road Right of Ways or easments..

 

[154NH773]

You say there is a "cornerstone marker 15 ft. in". What does that marker indicate? Is that the beginning of your property? If so, then did the Town pass that marker 6 ft further into your property?

Most residential properties have sidewalk or street easements extending from the paved surface some 6-15 feet into the property. That land is yours, but when you bought the land it was burdened with that easement. Easements give the dominent tenant (the Town in this case) rights that are similar to ownership for whatever uses the easement is given. If the Town has an easement, you either gave it to them, or your predecessor gave it to them. You can't now complain, just because you didn't know about it. That's what surveys and title searches are for.

If you can prove, usually by your survey, that the Town took your property that they had no title or easement to, then you can sue them. Taking of property without compensation is unconstitutional.