New Major Use of road on my property

[maggielandlord]

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

I have a property that has been in my family for over 100 years in the woods of New Hampshire. It is a very small town with no school or stores. My property is 18 acres at the end of a town road and there is a roadway that crosses my property that leads to my driveway and 3 other property owners-- the remaining land is owned by the National Forest so will never be developed. Several years ago my grandmother granted the roadway to the town as they had been plowing it for several years-- as far as I know now it was very informal, I have no paperwork and was shown only minutes from a town meeting where it was addressed. Now I have become aware that one property owner subdivided their acreage and sold 10 acres to the town and they are developing a recreation area with parking for a trailhead (climbing paths) and also a large parking area that is at a snowmobile road. Now the public will be passing over my property in a large volume never intended by my grandmother's grant to the town to allow 3 other property owners access to their land. I am very concerned that I was never consulted and never asked permission and that I will be liable for damages from any accident that my dirt road that is only 15 feet wide may encounter. Can the town just do this to me? What can I do to stop it? I will no longer enjoy peace, quiet and tranquility that I have enjoyed. And what if the town decides to widen the road or pave it or something else? What recourse do I have to limit this-- to get an agreement in writing that will not make me a party to any lawsuit from a car accident on my land, etc.?

 

[justalayman]

if grandma gave the roadway to the town, it is their road to do with what they want. If you wanted to retain control of the easement (I presume it was an easement anyway), grandma shouldn't have dedicated it to the town. Unless the town doesn't actually claim ownership of the road or they are willing to return the road to you, sounds like you have no control of what happens on the road.

 

[154NH773]

It is highly unlikely that there was no paperwork or recorded easement, or transfer of property.
You need to do some research at the County Registry of Deeds. Although I have found the people at the Registry to be helpful, you can have a Title company do a search for you if you are unsure of yourself.

Also, get your Tax Card from the town and see if you have been paying taxes on the property the road occupies. That doesn't necessarily mean there isn't an easement, but may mean that the Town hasn't claimed title.

If there is no recorded easement, you should assert ownership and control by having a lawyer notify each of the parties that the permission to use the road is rescinded.

Normally the Town will not plow unless it has formally accepted the road as Town property, so look for the evidence of that. Many towns will not accept a road that is not to Town standards, usually 50 foot wide.
If you have a subdivision ordinance in town, see if there is a provision that requires a 50 foot road. If your road is indeed only 15 foot wide, that may prevent the subdivision.

Get a lawyer, you have a lot to lose.

All that being said, as justalayman said; if your grandma turned over the road to the Town, there is probably nothing you can do.

You are also behind the eightball with the things that have happened already. If you are the owner, you probably should have been notified of the subdivision proceedings (although if you don't actually abut the property, maybe not). The time to protest is before things happen. It is much harder to stop something, even illegal things, after there has been money spent in reliance on permits, subdivisions, etc.

 

[maggielandlord]

I have objected in letters to the town (never got a reply) and I did drive 800 miles round-trip (in snow) to attend a town meeting-- they told me at that time that my grandmother had granted rights to the town for use of the road-- but produced only a mention in old minutes from a Town meeting. I do remember receiving a certified letter but it was mailed to my New York city address when I was actually spending the summer here in New Hampshire-- I didn't get it until I returned after Labor Day. The town never notifies me at my property address, and it is very difficult for me to attend the local town meetings when I live in New York city, not New Hampshire. I will now look into the County Registry of Deeds and the Town records and Town Ordinances. I am alarmed that they can do this without my express permission. Thank you for your valuable help--

 

[JustAPal00]

If your Grandmother owned the land before you and gave them permission, why would they need yours? Do as the above posted and hopefully you can stop the sub division of the land.

 

[justalayman]

I have objected in letters to the town (never got a reply) and I did drive 800 miles round-trip (in snow) to attend a town meeting-- they told me at that time that my grandmother had granted rights to the town for use of the road-- but produced only a mention in old minutes from a Town meeting. I do remember receiving a certified letter but it was mailed to my New York city address when I was actually spending the summer here in New Hampshire-- I didn't get it until I returned after Labor Day. The town never notifies me at my property address, and it is very difficult for me to attend the local town meetings when I live in New York city, not New Hampshire. I will now look into the County Registry of Deeds and the Town records and Town Ordinances. I am alarmed that they can do this without my express permission. Thank you for your valuable help--

it sounds like it would benefit you to hire a attorney local to this property to investigate the situation for you. Somebody who could represent you at local town hall meetings if necessary as well as research the status of the land in question.

 

[154NH773]

I do remember receiving a certified letter but it was mailed to my New York city address when I was actually spending the summer here in New Hampshire-- I didn't get it until I returned after Labor Day.

If you did not sign for the certified letter prior to the subdivision hearing, you could protest (or claim in court) that proper notification was not received. Although, a Return Receipt may not be necessary to meet the local requirements, the fact that the letter was certified might mean it was required.
The fact that it was LAST Labor Day means you are WAY behind in following up with this issue. Get a local lawyer.

 

[maggielandlord]

Update

Today I went to the Town Hall to look up any records of the roadway being granted to the town and the man there knew exactly who I was (my letter objecting to the new usage has obviously been talked about) I was told that a man on the Planning Board had been looking everywhere for the records... and they had nothing at the town Hall. I then went to the County Registry of Deeds and looked up all transactions from my grandmother (and I also looked through my antique file of the deeds, which start in 1888 from my great grandfather), there is no record of my grandmother giving any right to the town-- all the deeds after 1951 do have a clause saying "excepting and reserving rights of others to use roadways heretofore granted over the conveyed premises"-- but there were no records of that documented-- but that clause only means that the 2 or 3 other properties beyond mine could cross over my property on my roadway to reach their property-- but does not give any rights to the public or to the town. And when I was told that my grandmother had granted the town rights-- it would have been after we winterized the cabin in 1971-- and my mother owned the property-- so if my grandmother ever said OK to any request from the town they never recorded it and she may not have even had the right to give it-- (I still need to see the date of when they say she conveyed rights, I will be attending a town meeting tomorrow evening and I will try to find out but I don't think they have anything besides a mention in the minutes at a town hall meeting). Today I did start the process of hiring an attorney (they are checking for possible conflicts of interest). Then later this evening I got a phone call from the head of the Planning Board responding to me for the first time ever-- so he must have heard from the man at the town hall this morning-- I will meet with him tomorrow at my property-- but he did say that it is the Selectmen's responsibility to know what is and is not a town road-- and when I said that they should have been very sure it was a legal road before subdividing and planning a town recreation area, etc., he told me that the Planning Board had only assumed it was a town road... and when I asked him why he had proceeded even after my several objections, he didn't have a good answer-- as my 13 year old debate team son says "If you don't have evidence, you don't have an argument and if you don't have an argument, you don't have a case".

 

[JustAPal00]

Today I went to the Town Hall to look up any records of the roadway being granted to the town and the man there knew exactly who I was (my letter objecting to the new usage has obviously been talked about) I was told that a man on the Planning Board had been looking everywhere for the records... and they had nothing at the town Hall. I then went to the County Registry of Deeds and looked up all transactions from my grandmother (and I also looked through my antique file of the deeds, which start in 1888 from my great grandfather), there is no record of my grandmother giving any right to the town-- all the deeds after 1951 do have a clause saying "excepting and reserving rights of others to use roadways heretofore granted over the conveyed premises"-- but there were no records of that documented-- but that clause only means that the 2 or 3 other properties beyond mine could cross over my property on my roadway to reach their property-- but does not give any rights to the public or to the town. And when I was told that my grandmother had granted the town rights-- it would have been after we winterized the cabin in 1971-- and my mother owned the property-- so if my grandmother ever said OK to any request from the town they never recorded it and she may not have even had the right to give it-- (I still need to see the date of when they say she conveyed rights, I will be attending a town meeting tomorrow evening and I will try to find out but I don't think they have anything besides a mention in the minutes at a town hall meeting). Today I did start the process of hiring an attorney (they are checking for possible conflicts of interest). Then later this evening I got a phone call from the head of the Planning Board responding to me for the first time ever-- so he must have heard from the man at the town hall this morning-- I will meet with him tomorrow at my property-- but he did say that it is the Selectmen's responsibility to know what is and is not a town road-- and when I said that they should have been very sure it was a legal road before subdividing and planning a town recreation area, etc., he told me that the Planning Board had only assumed it was a town road... and when I asked him why he had proceeded even after my several objections, he didn't have a good answer-- as my 13 year old debate team son says "If you don't have evidence, you don't have an argument and if you don't have an argument, you don't have a case".

Good for you! That is a great quote from your son. Be careful of the line that says "excepting and reserving rights of others to use roadways heretofore granted over the conveyed premises". You take that to mean just those three other people but they may not.

 

[xylene]

"If you don't have evidence, you don't have an argument and if you don't have an argument, you don't have a case".

Well, then I hope you are looking for a settlement.

Because the town can (and should) eminent domain your property / easement.

It sure looks to me like your peace and quiet is dependent on controlling others' use of their property.

Not to mention the obvious and easily articulated public interest in access to a substantial acreage of public forest lands.

 

[JustAPal00]

Well, then I hope you are looking for a settlement.

Because the town can (and should) eminent domain your property / easement.

It sure looks to me like your peace and quiet is dependent on controlling others' use of their property.

Not to mention the obvious and easily articulated public interest in access to a substantial acreage of public forest lands.

This is not when eminent domain should be used! The abuse of eminent domain is a major problem with the policy, taking someones land is very serious! The OP owns the land and the peace and quiet is what gives it some of it's value. Everything has a price, so the OP should get to name theirs. If this were a case of a highway being planned and the last property owner deciding they were going hold out to drive their price up I would agree with you, but not in this case.

 

[maggielandlord]

My attorney said that the wording language in the DEEDS that say "roadway" may be understood to mean more than if the the wording was "Right-Of-Way" and on my Aunt's Survey it does say "Right-Of-Way", (not "roadway")-- if that means anything. I couldn't find any documentation at County Registry yesterday... maybe the Surveyors have some info...

Also I have discovered that there was never the mention of the "roadway" on any deeds up to 1964 -- but do have the clause referring to the roadway on deeds after 1972--

Also, I had a long meeting this morning with the Head of the Planning Board, he called me yesterday evening after he heard that I had stopped by the Town Hall-- and offered to meet to discuss the Subdivision and the Recreation Area/Trailhead Parking. He said that the planning board was relying on the Selectmen's notes from a Town Meeting in 1984 where it mentions that my grandmother granted rights to the road to the town (he has not been referring to the wording on the deeds, only the 1984 town meeting)-- but I ALSO find that the deed during that time (1976-1990) was in my grandmother AND my mother's names, so even if she did grant rights, she did not have sole right to do that... and they cannot find any documentation anyways...

The planning Board head also said that the town has plowed and maintained the roadway over my property for several years so it must believe it to be a town road-- but I asked him why they also plow beyond my property well up that right turn, which is private property, but has been plowed by the town-- (a free plow for them?) he tried to say it may have just been a Turn-Around for the plow-- but that is several hundred feet... clearly the town plowed them for free--

So, my largest objection is to have my roadway used for the Public Rec Area (especially for the large parking area at the Ski-Moblie Trail!)-- but I also object to the 90 acre plot having been subdivided and using only my roadway-- when clearly they have several alternate roadways across their land that have already been documented... I was told that one family member (the one who has obtained the parcel that has frontage on the town road (the far right parcel) wants to prohibit any hikers to cross his land and doesn't want anyone to use the existing roadways that cross their 90 acres... if he wants to dig in his heals, to prevent that, I also would like to dig in my heels to prevent it from happening across my land... if I am able--

 

[xylene]

I was told that one family member (the one who has obtained the parcel that has frontage on the town road (the far right parcel) wants to prohibit any hikers to cross his land and doesn't want anyone to use the existing roadways that cross their 90 acres... if he wants to dig in his heals, to prevent that, I also would like to dig in my heels to prevent it from happening across my land... if I am able--

A townie contest!

Good luck.

 

[maggielandlord]

Update on Roadway-- what should I do now?

I hired a good local lawyer who specializes in property/real estate-- they did extensive research at the registry of deeds and all the research has found NO evidence of my roadway as a legal town road (there was some vague reference in a 1936 WPA map, but it couldn't possibly establish it as a town road-- it is completely vague)-- and there is no evidence of any rights given to the owner of the new 90 acre subdivision-- because my family never granted either party any rights.*It is also a fact that when the Selectmen asked my 87 year old grandmother to grant the town our road in 1984 (they said for plowing reasons) she was not the sole owner of the property as my mother was a co-owner on the deed, as well the selectmen and the town never followed legal procedures to establish the road-- so it is not valid.

This is a case of an over aggressive planning board making plans without having the legal right to do so. I will now have to establish my rights so that I can stop this intrusion onto my property.

Last month my lawyer wrote a letter to the selectmen and they have now responded-- they sound like they are very innocently assuming the use of my property-- rather than aggressively trespassing-- they don't seem to hear me that I object to them crossing my land/using my roadway-- they think I only am concerned that they not widen or pave it-- they sound as though I am OK with them using it. I have attended two town meetings last month and I raised my dispute of their right to use my roadway at both meetings-- so they do know my position. And I have objected to this well before any money was raised for the town to purchase the Recreation Area land-- but they have not taken me seriously-- they just move forward. They gave me false information regarding my grandmother granting the roadway-- it was a mistake they made and they should have checked further after I objected before moving forward. My family granted specific rights only to two specific neighboring properties-- never to the subdivided property-- and someone in that family has been using the roadway illegally (he has a bunch of rusty old trucks and trailers-- there are no houses on the 90 acres) and I want to say he cannot continue to use my roadway-- for his rusty trucks or his 90 acre subdivision. And the town cannot make it a public highway-- because the mistake they made in 1984 is not legal and not valid-- so they must stop.

We found documents showing that the 90 acre subdivision owner sold and/or gave up several rights-of-way over other properties near my land over the years-- and I do not feel that I should now be obligated to give up my land to them-- especially when they still have several other access routes over their own land and they have frontage on the real Town Road.

How should I respond to the Selectman's letter?

The town is now aggressively violating my property rights with enormous machinery on my roadway clearing trees and building a highway (on their new property abutting beyond my roadway/property). I need to move quickly and would like to know what steps I can take to resolve this. I will be going back to New Hampshire on for a week and I hope to get something done.

I apologize if I am saying too much-- instead of waiting to listen to my lawyer's advice but I am quite anxious-- sleepless nights etc-- and my lawyer hasn't responded to me in over a week. I feel that it is imperative that I act now to defend my property rights.*

 

[HuAi]

Your lawyer is still your best source of information.

The only way to prevent the town trucks from crossing your land would either be to put up a gate or get an injunction from a court. Either option should be carefully weighed by your lawyer before you rush into anything.