Paper Street (includes relevant pics)

[notmyj]

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

I purchased this property almost a year ago. It is my first home. Next to the house is a "paper street" that runs along the side of my property and the guy next to me. The street was never developed. The half of the length that runs along my property is grass. I mow it, fertilize it, seed it, etc and generally use it as if it was part of my yard. The guy behind me had recently poured rock on the half that runs along his property. I have no problem with him or his rock driveway as it stops at the rear property line.


my property is narrower than the other lots on the street by the same amount that the Street is wide. iI would like to take title to half ofthe paper street that runs along my property. I am not interested in the half that runs along the rear neighbors property.

Below is a pic of the plan map that shows the area in question.

lot 10 is mine
the two lots that make up lot 2 are the neighbor behind me
lots 17,18,19 other neighbors with fenced yards who show no interest in the property
the 3 lots below me are grouped together as lot 20 and is one single family home with an absentee owner (perhaps in a nursing hom)

http://img.photobucket.com/albums/v732/regalracer1979/IMAG0586.jpg

As you can see, my property is narrower by the width of the street. The street is not usable as there is a drainage ditch at the end of the property on my side. The houses were built in late 50's so a lot of time has passed since the street was planned. I have not to the other neighbors yet as I want to get my ducks in a row first. I know I will need a survey of my property, but do I need a survey of the paper street done too? Then what do I do with the survey? Take it to the township and ask to have it vacated then file a motion for quiet title to the property?

any help you have would be great! thanks!
(please excuse typos as iI wrote this from my smart phone)

 

[FlyingRon]

It's possible. You'll need a lawyer. With the consent of the abutting (and other related) property owners, you probably can vacate the unnamed street and disburse it to the various adjoining lots.
Other than that, with a year of ownership, you don't much really have any claim to it just because you're mowing it. On the other hand, absent some neighbor complaining, you have the use of the lot as a buffer without the obligation to pay taxes on it.

 

[154NH773]

As FlyingRon said, it may be possible, however, I don't think it will be as easy as you may believe. This could be quite a complicated affair.

I would agree that you should get your ducks in a row before you announce any intention to try and gain title to the property.

First you need to determine who actually owns the property upon which the "paper street" lies. Next you have to determine what rights others may have to that property, as all rights will have to be relinquished before you can think of having the street vacated. A municipality does not have to vacate a "paper street" which may have some future purpose, and you usually may not claim adverse possession of municipal property. I doubt that a quiet title action would be possible, as the title doesn't seem to be in question.

Start your research with the municipality, and then the registry of deeds if necessary. Ask to see the subdivision plans and approvals for the lots, and check local subdivision regulations, street specifications, etc., at the local and state level. The "paper street" may be required under some code or regulation. Look in the deeds of adjoining properties to see if easements exist.

I wouldn't spend any money on a survey at this point until you determine generally whether it will even be possible to gain title.

 

[notmyj]

Ok, just got back from the township building and stumbled across a detail I have missed prior. In the pic above, my property is 120x173 originally. The map shown has it penciled in that the 33' right away is there. As by looking at the map, you can see that if my lot was 120 wide it would be including the "paper street" and making my lot the same width as the one across the street. While at the township building with the nice lady who was overly helpful, we noticed that I am paying taxes on my lot, measured at 120x173. So I am paying taxes on the paper street.

So I get a paper copy of the map and tax roll, go home and pull my deed out and it states my property is 120x173. Then the next paragraph below it states,

SUBJECT to a 33 foot right away along the northerly boundary lines of Lots nos 68, 69, 70 and part of lot 71 in said E.J Roberts Plan of lots a distance of 173 feet.

The lot numbers listed do coincided with the original plan which would now be #20 on the above pic. So, now that it is not a "paper street" but rather a right of way listed in my deed, does that change anything? Can I remove the right of way so that maybe in the next 10 years i can have a wider driveway?

 

[154NH773]

Looking again at the plan, I have some questions. Where is the access for the two lots behind(?) you #11 & 11.01?

Where was this plan copied from? The plan shows your lot to be 120 feet wide along Union Street. When compared with Lot #4 across the street, that might indicate the "paper street" is actually your property. What does your deed description say regarding the dimension along that side, and the back side, of your property? What are you currently paying taxes on ? (Ask to see your tax card, or tax map)

 

[154NH773]

You posted the new information as I was posting my last comment.

So, it "looks" like the property is yours. You cannot unilaterally remove the right of way. You must still determine the things I stated in my first post. What rights do others have on your property? If you can get them to give up those rights, then it is back to the town to see if they will vacate the street.

 

[notmyj]

You posted the new information as I was posting my last comment.

So, it "looks" like the property is yours. You cannot unilaterally remove the right of way. You must still determine the things I stated in my first post. What rights do others have on your property? If you can get them to give up those rights, then it is back to the town to see if they will vacate the street.

When at the township today we found that the street was not named as far as we could tell, and isn't listed or shown on any maps anymore. The most recent map that was done this year simply doesnt show it. Does this matter? I would think that since it may not have ever been a real road but rather just a right of way for a road, this would mean that no one has rights to it but me as I am the one paying taxes on it. Can the township make me pay taxes on property but at the same time not allow me exclusive use of said property, the right of way for a future street to be built, not withstanding? Since no street was ever built, and I am paying taxes, wouldnt it be my property?

The plan was copied from an old map that was at the township bldg.

What rights could others have on the right of way if no road was ever built and I am paying taxes on? (I'm a new homeowner so i still dont know the ins and outs yet on this stuff so please bear with me...

 

[FlyingRon]

It looks like the "paper street" is only paper on the E-W part shown. The N-S portion is a real street called Marwood Lane that provides access to those lots (in fact the road runs through the middle of 11 and 11.01.

We're talking about 5114 Union in Finleyville, PA right?

 

[notmyj]

It looks like the "paper street" is only paper on the E-W part shown. The N-S portion is a real street called Marwood Lane that provides access to those lots (in fact the road runs through the middle of 11 and 11.01.

We're talking about 5114 Union in Finleyville, PA right?

Indeed we are... scary how efficient the internet is nowadays... If you look at it on the map, most maps show the address on the wrong part of the street. they usually show the house one block up. Marwood lane actually ends where the street in question is. The curved part that splits 11 and 11.01 is actually a shared driveway.

 

[notmyj]

also just found this and I think it will apply as my township is a township is a township of the second class

53 P. S. � 67309. Time within which roads to be opened



� When proceedings have been initiated under this act for the opening and laying out of any public road in the township, the road shall be physically opened for use by the public within a period of five years after completion of the proceeding. If the road is not opened or if no proceedings have been commenced to compel the opening in five years, then the proceedings are void and the land proposed to be taken shall revert to the owners of the land free of any easement or right of the public to use the land.



1933, May 1, P.L. 103, No. 69, � 2309, added 1995, Nov. 9, P.L. 350, No. 60, � 1, effective in 180 days.

would this mean that the ROW is now void?

 

[FlyingRon]

I do not think so. You'd need to check someone who can determine exactly the extend of your deed, but the map book plat you posted (or whatever it is) appears to make the section you quoted immaterial.
This road is not an ROW/easement on your property, it's a distinct parcel (well, more precisely land not in any parcel) that you wish to take control over.

Either way, you're going to need a lawyer. You've got two possibilities:

1. The road is actually technically on your property (even though the plat doesn't show it) and you can vacate it when it hasn't been used as in the passage you quote.
2. The road is not on your property, but the other abutting properties will agree with your idea to take it over. This is done in cities all the time to close down alleys and such.

 

[notmyj]

according to my deed, it is a right of way, for a street through my property. The deed states that my lot includes the right of way and the tax book shows I am paying taxes on it. That would lead me to belive that is is not a paper street as I originally believed, but rather an unused right of way for a street that was never opened, thus thinking that the above code would apply.

 

[154NH773]

according to my deed, it is a right of way, for a street through my property. The deed states that my lot includes the right of way and the tax book shows I am paying taxes on it. That would lead me to belive that is is not a paper street as I originally believed, but rather an unused right of way for a street that was never opened, thus thinking that the above code would apply.

Based on this information, I tend to agree with you. I would talk to a local lawyer to see if you've missed something.

 

[notmyj]

Based on this information, I tend to agree with you. I would talk to a local lawyer to see if you've missed something.

hypothetically, if the above code did apply and the right of way to revert back to me, the owner, how would I go about having the right of way removed from my deed? Would a quiet title action be needed to uncloud the title of the right away or would iI still have to go through thetownship even though the township has been relieved of the right of way by default?

 

[154NH773]

Scary, but looking at the paper street with Google street view shows utility piping being laid along the street location (http://exxelsys.com/Photos/street.jpg). This could have an effect on your ability to vacate the street, although perhaps there is only a utility easement you would have to contend with that might still allow you to have the street vacated.

Whomever the easement is in favor of would have to relinquish whatever rights they have. It would only involve a quit claim deed or other filed instrument, not a quiet title or other court action. If the only easement is held by the township, then a filed document showing they have vacated the easement would probably suffice.

You should not, by the way, be assessed taxes for the portion of your property currently burdened by the roadway easement. If you are assessed by square footage, you should make sure you are not being assessed for that portion. If you are, you should appeal and ask for a rebate for the statutory period allowed.