dedicated street and adverse possession

[swrdmbo]

What is the name of your state (only U.S. law)? Ohio

We built our house on a lot that sits along and at the end of a dedicated street that has never been used, or maintained by the township,or county. We use the dedicated street as our driveway, and the west 30 feet of the street abuts our property line.

We built in 1994 and have been using the other 30 feet ( the east side ) as part of our yard, mowing, landscaping etc.

We would like to have this land deeded to us by the township as they have told us they have no intention of ever improving this street.

What would be the best way to go about this?

Would approaching the township with a small cash offer be the simplest route?
We are afraid if we do this the neighbors to the east will want to claim the 30 feet of the eastern half. I understand that is what happens when they vacate an alley.

If they prevailed this would seriously affect the looks of our yard, and possibly the marketability of our home as half the driveway would then be theirs.

Is adverse possession the way to go? It seems there must be a fence involved and we have never erected a fence.

Any suggestions?

Or would we be better off leaving it as a dedicated street and protesting if anyone tried to get the area vacated?

Thanks for any help.

 

[farmgirl_48732]

Response

In Michigan, our family was involved in an adverse position suit. Several family's encroached the property line for years. When the property was sold THEY brought a lawsuit against us. The suit was finally dropped. They knew that they had used the land that was clearly not their's to use. Nor did they ever pay property taxes on it.

IMHO you knew that the property didn't belong to you, and you have never paid taxes on it. It's not yours. If it were me I would approach the twp. for a purchase. You will never know unless you try.

 

[HomeGuru]

What is the name of your state (only U.S. law)? Ohio

We built our house on a lot that sits along and at the end of a dedicated street that has never been used, or maintained by the township,or county. We use the dedicated street as our driveway, and the west 30 feet of the street abuts our property line.

We built in 1994 and have been using the other 30 feet ( the east side ) as part of our yard, mowing, landscaping etc.

We would like to have this land deeded to us by the township as they have told us they have no intention of ever improving this street.

What would be the best way to go about this?

Would approaching the township with a small cash offer be the simplest route?
We are afraid if we do this the neighbors to the east will want to claim the 30 feet of the eastern half. I understand that is what happens when they vacate an alley.

If they prevailed this would seriously affect the looks of our yard, and possibly the marketability of our home as half the driveway would then be theirs.

Is adverse possession the way to go? It seems there must be a fence involved and we have never erected a fence.

Any suggestions?

Or would we be better off leaving it as a dedicated street and protesting if anyone tried to get the area vacated?

Thanks for any help.

**A: one cannot take government property via adverse possession.

 

[HomeGuru]

In Michigan, our family was involved in an adverse position suit. Several family's encroached the property line for years. When the property was sold THEY brought a lawsuit against us. The suit was finally dropped. They knew that they had used the land that was clearly not their's to use. Nor did they ever pay property taxes on it.


**A: not relevant to the post issue.

#########

IMHO you knew that the property didn't belong to you, and you have never paid taxes on it. It's not yours.


**A: see above.

 

[swrdmbo]

Thank you home guru. That's what I was looking for. I was thinking about the adverse possession more for the neighbor and their half of the vacated street.

I think we will definitely approach the township with an offer.

As for the other post...at no time did I indicate I thought the property was ours.
And actually, when we bought it we were told it had been vacated...but that's another story...and not really relevant to my question.

Thanks for the help.

 

[HomeGuru]

Ok, good luck.

 

[John Se]

Apply to the city to have it abandoned

the city can abandon the street and deed title to the adjoining property owners. I am sure there is a process but you will need to go visit with them in person.

 

[swrdmbo]

Thanks for the reply John but that is what I want to avoid because as I said...the 60' would be split down the middle and that would put half our driveway on the neighbors half.

We bought this from a relative and were told by them ( and the township trustee) that this
parcel went with the land we purchased.When the title company did the work they did not bring it up.

The neighbors that lived here when we built said they considered it our property. It has since been sold and when we talked with the new owners she mentioned she was surprised to see that there was a dedicated street running along their property line.

So it makes me think they would definitely want half, understanding how that would negatively impact our property and as such be worth some money to buy it off them.

That's why I am thinking that if the township will not accept our offer, then maybe we would be better off leaving things as is, and protest if the neighbors would try to have it vacated.

Thoughts?

 

[jdman]

If the town does the snow plowing, salting/sanding in the winter, then that is maintenance, so they haven't abandoned it. The town would have notified you and any other landowners who border the road that they are abandoning it. I am sure the highway department is required by law to keep your street safe. I wouldn't try getting the street abandoned unless you had property that encompassed the WHOLE street. Instead I would contact a board member or go to a board meeting and have them get after the highway superintendent and have the other landowners do the same. If the city does abandon the street ask the other landowner for an easement and give them the same. This would not cost much if you had a lawyer draw one up.

To HomeGuru: Can the government take your land via adverse possession? Just curious.

 

[swrdmbo]

The street is used as the first 90' of our drive.It has NEVER been plowed,maintained,graveled or anything done by any gov't entity in over35 years that I know of, and I think for quite a while before that.

They consider it abandoned but have never officially abandoned it.

The easement with the neighbor will definitely be the way to go if they do not allow us to buy it.

Thanks to everyone for your ideas and suggestions. I appreciate them.

 

[HomeGuru]

If the town does the snow plowing, salting/sanding in the winter, then that is maintenance, so they haven't abandoned it. The town would have notified you and any other landowners who border the road that they are abandoning it. I am sure the highway department is required by law to keep your street safe. I wouldn't try getting the street abandoned unless you had property that encompassed the WHOLE street. Instead I would contact a board member or go to a board meeting and have them get after the highway superintendent and have the other landowners do the same. If the city does abandon the street ask the other landowner for an easement and give them the same. This would not cost much if you had a lawyer draw one up.

To HomeGuru: Can the government take your land via adverse possession? Just curious.

**A: no but the government can take your land via condemnation and eminent domain.