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Thread: Question for you legal types.

  1. #1
    Join Date
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    Question for you legal types.

    I have a friend who is in need of some information regarding a "decertified road" that borders their property. Specifically, these nuns are interested in building a Monastery on this property and wish to have access through a neighbor's property from a paved road, on the “decertified road” which is owned by the county. It is ironic that the neighbors have needled the former owner by driving on or next to the “decertified road” through their (the nuns) property which goes through their front yard.

    The neighbors are well known farmers in the county, while the nuns are newcomers. The nuns wish to have good relationships with all their neighbors so they find themselves in a bit of a bind. They want to find out what legal right they might have regarding access without stirring up any angst considering that everyone else around knows everyone else's business as is common in small town and rural communities.

    Their own access to their property is from a dirt road and the nearest intersection has a bad reputation for accidents, while the paved road 1/2 mile away is just 100 yards or so off the back of their property and much safer.

    Any ideas on how I might proceed?

  2. #2
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    Bradford, Vermont
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    The decertified road is owned by the county?

    If so, then their first step will be to go to the county clerk's office and ask about passage. They may also need a "curb cut" permit from the decertified road onto their property. The owner of the road (the county) will have control over use of the road, if right-of-way hasn't been abandoned... and the government nearly never abandons rights of way.
    -- Tim --

  3. #3
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    Let me preface this buy saying I ain't a lawyer but I did stay at a Holiday Inn Express one time. It reminds me of when I lived in California. The parish I belonged to wanted a piece of land that was basically lang locked. Someone had planted a cactus pantch on it and the parish had built a garage on part of it. It was what was left of an alley that the city had abandoned. We patitcioned the city and they help an auction which was required by law since the city technicaly still owned the property. The auction was held and no one else bid on the property so we won the auction.
    "There’s a lot of work being done today that doesn’t have any soul in it. The technique may be the utmost perfection, yet it is lifeless. It doesn’t have a soul. I hope my furniture has a soul to it." - Sam Maloof
    The Pessimist complains about the wind; The Optimist expects it to change;The Realist adjusts the sails.~ William Arthur Ward

  4. #4
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    Quote Originally Posted by Paul Downes View Post
    Any ideas on how I might proceed?
    Talk to a lawyer that actually knows what the law says. Anything else is hearsay. It's taken me a years to learn that but that is only person I am going to really trust. Well, maybe someone in the local government that actually knows what is going on.
    God grant me the senility to forget the people I never liked anyway,
    the good fortune to run into the ones I do,
    and the eyesight to tell the difference.


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  5. #5
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    Quote Originally Posted by Jeff Horton View Post
    Talk to a lawyer that actually knows what the law says. Anything else is hearsay. It's taken me a years to learn that but that is only person I am going to really trust. Well, maybe someone in the local government that actually knows what is going on.
    I totally agree with Jeff. Lawyers usually have a free consultation time ( first 1/2 hr) and can give them a better idea of wehat they are up against. I am sure that laws change from state to state, just like province to province here. Land titles office may be able to give some help too but they will tell you that they are not lawyers and that they can't give legal advice.
    Daily Thought: SOME PEOPLE ARE LIKE SLINKIES..... NOT REALLY GOOD FOR ANYTHING BUT THEY BRING A SMILE TO YOUR FACE WHEN PUSHED DOWN THE STAIRS...............

  6. #6
    That first paragraph is a doozy. I've read it four or five times now and still don't understand what it says.

  7. #7
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    Real estate laws vary greatly state to state. The situation can become very confused when you are talking about vacating, adverse possession, access, etc. How nice the nuns want to be has nothing to do with them possibly trespassing. All parties involved need lawyers who specialize in real estate law.
    "Folks is funny critters."

    Think for yourselves and let others enjoy the privilege to do so, too. ~Voltaire

  8. #8
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    Geez, all you guys worrying about lawyers! Once it's figured out who owns that decomissioned road (the county clerk can tell that immediately), it comes down to getting permission to use it (oral if it's the county, written if it's privately owned). Talk with a lawyer if ya like, but ya know what they'll do? They'll ask the county clerk. If it goes beyond a free first consultation, they'll bill ya two hundred dollars an hour to talk with the county clerk on the phone.

    Real estate stuff is SIMPLE. Everything's written out in clear language.
    -- Tim --

  9. #9
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    I agree with Tim, go to the county clerk first.
    "There’s a lot of work being done today that doesn’t have any soul in it. The technique may be the utmost perfection, yet it is lifeless. It doesn’t have a soul. I hope my furniture has a soul to it." - Sam Maloof
    The Pessimist complains about the wind; The Optimist expects it to change;The Realist adjusts the sails.~ William Arthur Ward

  10. #10
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    Quote Originally Posted by Kirk Constable View Post
    That first paragraph is a doozy. I've read it four or five times now and still don't understand what it says.
    Me too, Kirk, Me Too...

    Here, let me try and see if I can figure it out.
    (I'll edit in in red what I think this is, and we'll see how wrong I am...

    Quote Originally Posted by Paul Downes View Post
    I have a friend (A) who is in need of some information regarding a "decertified road" that borders their property. Specifically, these nuns (Again, Person A) are interested in building a Monastery on this property and wish to have access through a neighbor's property (Person B) from a paved road, on the “decertified road” which is owned by the county. It is ironic that the neighbors (B) have needled the former owner (who owned the land before A bought it) by driving on or next to the “decertified road” through their (the nuns) (A) property which goes through their front yard.
    So A would like to have access to a paved road via a "Decertified Rd" that goes through B's property. ??

    Hmm, since the gov't owns the road, wouldn't it be more correct to say that A want's access to an old road, and that B owns the land on either side of this old road and kind of view the road as their own private property?

    (ps: I agree with the folks who say "Talk to a local lawyer." Actually if you're lucky there is already a lawyer associated with whatever church these nuns are part of)

    Whups, never mind, I missed Tim's comment. That makes even more sense.
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