Who Owns the ROW?

[craiger1528]

The Texas subdivision plat in which I live has an open, 50 ft. wide drainage Right of Way (ROW) that is wooded. The developer layed out the lots alongside the right of way so that our lot corner survey markers are at the outer edge of the right of way. The ROW was dedicated to the public forever. The city streets drains into the ROW and no taxes are paid on the ROW. My plot survey shows a "pre-existing ROW" outside of my back property line. Who owns the land, and who holds responsiblity to cut down dead trees that might fall on homes? The city denies both land ownership and maintance responsibility; it says the lot owners along side the ROW own and have responsibility to the middle of the ROW. Could the land under the ROW (thus the trees) still belong to the developer? This is a 20 year old problem affecting 35 home owners. FYI: The plat's dedication states: "All streets and right of way is hereby dedicated to the public forever."

 

[LdiJ]

The Texas subdivision plat in which I live has an open, 50 ft. wide drainage Right of Way (ROW) that is wooded. The developer layed out the lots alongside the right of way so that our lot corner survey markers are at the outer edge of the right of way. The ROW was dedicated to the public forever. The city streets drains into the ROW and no taxes are paid on the ROW. My plot survey shows a "pre-existing ROW" outside of my back property line. Who owns the land, and who holds responsiblity to cut down dead trees that might fall on homes? The city denies both land ownership and maintance responsibility; it says the lot owners along side the ROW own and have responsibility to the middle of the ROW. Could the land under the ROW (thus the trees) still belong to the developer? This is a 20 year old problem affecting 35 home owners. FYI: The plat's dedication states: "All streets and right of way is hereby dedicated to the public forever."

I think that a local real estate attorney who is familiar with how things work in your county is probably better equipped to answer your question. It does sound like the developer dedicated the ROW to the city, but it also sounds like the city never accepted the dedication.

 

[adjusterjack]

who holds responsiblity to cut down dead trees that might fall on homes

That's easy. The ultimate responsibility for cutting down a dead tree falls to the person who doesn't want that particular tree to fall on his home.

 

[craiger1528]

Yes, we can each cut down trees, but some don't/won't because "they aren't theirs". One was told by an attorney, "Don't touch the trees because if you do, you will become liable for any damage it causes." I gues hiring an attorney gives us an opinion, but we've been told we won't win over the city in court - they have deeper pockets and can drag out the suit for years.

 

[PayrollHRGuy]

If the city never accepted the land they don't have any liability.

If you cut a tree down and it falls on someone's house or head, of course, you are liable. If a fully licensed and insured tree service does it they will be liable.

 

[craiger1528]

As to the city "accepting the land," they say they haven't, but they haven't collected taxes from anyone for it and they have cut down several trees themselves without seeking anyone elses permission. These imply public ownership, but I guess it would take a judge to conquer. Thanks!

 

[PayrollHRGuy]

As to the city "accepting the land," they say they haven't, but they haven't collected taxes from anyone for it and they have cut down several trees themselves without seeking anyone elses permission. These imply public ownership, but I guess it would take a judge to conquer. Thanks!

Cutting the trees down no more implies ownership by the city than does your cutting the trees down.

Cities have to take official action to accept the land. There would be a record of it. If you are worried about trees damaging your property get them cut down.

 

[craiger1528]

Well, they haven't taken "official" action... so I guess the land still belongs to the developer who only gave the city the drainage right of way.

 

[PayrollHRGuy]

Well, they haven't taken "official" action... so I guess the land still belongs to the developer who only gave the city the drainage right of way.

That is likely correct or it is considered abandoned. As you describe it has no marketable value and it would just be a cost to the city should they accept it.