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who has this r-o-w?

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pcs115

Guest
What is the name of your state? maine

I bought a home recently. In my deed, it states that " this property is subject to a 20 ft right of way along the (neighbor's) property line for the purpose of accessing the wood lot to the north." another neighbor says that it is her
r-o-w, because long ago all the property lines were in different places. My question is, Wouldn't HER deed need to state that SHE has a 20 ft r-o-w (in that same location) for her to have any rights to it? also, I have researched all of the surrounding property deeds and not any of them say that they have a r-o-w.
the r-o-w was created in 1926 and when the owners died, the inheriting relative quit claimed the property to a new couple however, the right to the r-o-w was never transferred.
thanks,pcs115
 
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HomeGuru

Senior Member
pcs115 said:
What is the name of your state? maine

I bought a home recently. In my deed, it states that " this property is subject to a 20 ft right of way along the (neighbor's) property line for the purpose of accessing the wood lot to the north." another neighbor says that it is her
r-o-w, because long ago all the property lines were in different places. My question is, Wouldn't HER deed need to state that SHE has a 20 ft r-o-w (in that same location) for her to have any rights to it?

**A: yes.
********

also, I have researched all of the surrounding property deeds and not any of them say that they have a r-o-w.
the r-o-w was created in 1926 and when the owners died, the inheriting relative quit claimed the property to a new couple however, the right to the r-o-w was never transferred.
thanks,pcs115
**A: see a real estate attorney.
 
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P

pcs115

Guest
so whay now?

Maine,

***so..... if her deed says nothing about having a r-o-w, and as it turns out, no one else's deed does either, is there a relatively easy way to have the r-o-w expunged or deleted?
( i know that i have to see a lawyer who will determine that no one has a claim to it, but i want to know what i will be asking him to do is possible before i spend any more money on this bogus problem. )
thanks alot for your help!!!
 

HomeGuru

Senior Member
pcs115 said:
Maine,

***so..... if her deed says nothing about having a r-o-w, and as it turns out, no one else's deed does either, is there a relatively easy way to have the r-o-w expunged or deleted?
( i know that i have to see a lawyer who will determine that no one has a claim to it, but i want to know what i will be asking him to do is possible before i spend any more money on this bogus problem. )
thanks alot for your help!!!
**A: to properly answer, a real estate attorney would need to read the recorded ROW document.
 

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