Posted by LJD on December 31, 2011 at 14:25:13 from (75.251.87.217):
In Reply to: Re: Road right of way posted by Bob Bancroft on December 31, 2011 at 14:12:09:
I has a similar issue with rural land I owned in northern NY. Many people cut through my land to get to their's. I let it go until I caught a few with chainsaws and a dozer trying to widen and improve the road (on my land). I had the State Police come over and throw them out. The local "rumor" was that it was once a town road back in the late 1800s. If that could of been proven, other's would of had a right to use - but NOT to improve. Even towns don't have the right to widen existing roads if they exist due to prescriptive easement (though many towns think they DO have the right). Ends up they approached the Town Board and highway supervisor - and those authorities all denied it was EVER a road. So no legal procedure needed on the government end. A few people had asked the town to conduct a "qualified abandonment" but since the authorities claimed it never WAS a town road - the issue was moot.
Later I let people pass with temporary permission slips I gave them all. This way they can never claim any "adverse" use. The slips state permission for temporary use that can be revoked at any time.
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