Undeveloped Abandoned city roadway in California

[Tyrecies]

California

I live in California and I recently found out that the roadway that separates my neighbors and my property, that our city never developed was abandoned, and given in full to the neighbors on one side. When I spoke to another person they said that California civil code says that the roadway should be divided in half and one half given to the properties on each side.

I am unsure how to proceed, but I want to defend my rights. I recently refinanced and have money for a lawyer and I was never notified by the city that they had or where going to do anything to what I should have rights. However if there is no such law, then I would hate to waste money. I have put in some calls to lawyers out of my city, but it can take days sometimes to actually get a lawyers office to call back, in my area of the state at least.

Thank you for your time and help.

 

[NC Aggie]

I'm unsure if there is such a statue but it was at some point a fairly common practice in many counties. However, I believe it's more common now that when Right of Ways are abandoned that adjoining property owners have to initiate the conveyance of property. Property can't just be given to you and it's automatically yours, a deed with a boundary survey of the adjustment has to be recorded. It's quite possible that your neighbor beat you to the punch and there may or may not be a statue that prevents them from recording all the land up to your property boundary.

 

[John_DFW]

If your desire is for land and not a road, you should look into the potential cost of the road surface material removal and weigh the benefit.

I would think there would have to be some sort of public notice made prior to the change, perhaps this is when your neighbors acted?

 

[NC Aggie]

If your desire is for land and not a road, you should look into the potential cost of the road surface material removal and weigh the benefit.

I would think there would have to be some sort of public notice made prior to the change, perhaps this is when your neighbors acted?

It sounds like the road was never built so perhaps there isn't any roadway surface to remove.

But you're right about the public notice, though it isn't always the case. Generally when City/County property is sold or conveyed, there is some type of public notice.