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Tractor Talk Discussion Board

Re: County wants to vacate a dirt road between two fields


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Posted by John T on September 15, 2023 at 11:21:32 from (45.16.200.171):

In Reply to: County wants to vacate a dirt road between two fields posted by andy r on September 14, 2023 at 21:07:16:

andy, I already gave you professional legal advice below and as typical a legal or electrical question draws out a ton of responses and opinions both lay as well as professional. That being said strictly FYI NOT to be taken as legal advice I will describe the situation in the areas in which I am licensed and practice, the conditions and whats transpired in the past and law in your area MAY BE DIFFERENT as well as the same for anyone else here who doesn't live where you do or the situation was different.

1) What happens when a county vacates a road?

Basically they abandon and forfeit their easement rights and will no longer maintain it for the public good.

2) Do I get the land back

NOT back it was (depends on law and circumstances) ALREADY YOURS but they had an easement which if abandoned its now yours to do with as you please subject to other persons rights


3) and have to give him an easement to get to his land?

At common law he may have ALREADY acquired one BY PRESCRIPTION but even if not he could get one now BY NECESSITY (subject to conditions and law)

4) I assume I would have to give him a workable path back to his land.

Probably so which he may have already acquired BY PRESCRIPTION but even if not based on circumstances he may obtain an EASEMENT OF NECESSITY.

DO NOT TAKE MY WORD FOR THIS or consider it professional legal advice, conditions and history and law in your area may be different same as conditions law and history in anyone other here......

DO NOT BET THE FARM ON ANYTHING POSTED HERE LAY OR PROFESSIONAL INCLUDING MYSELF

Consult a local Attorney !!!!!!!!!!!!!!!!!!!


John T BSEE,JD Attorney at Law


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