old right a ways

Does anyone know where to start or how to find old right a ways that may run threw your property ?

Thank you in advance .

Views: 1238

▶ Reply to This

Replies to This Discussion

Permalink Reply by Philip Brutz on August 24, 2014 at 1:53am

County court house.

Permalink Reply by time will tell on August 24, 2014 at 4:28am

Thanks Philip .Would they be listed separately from the deed ? 

Permalink Reply by Philip Brutz on August 24, 2014 at 4:37am

It may be different from state to state and county to county.  I would go to your court house and ask the clerk. 

Permalink Reply by time will tell on August 24, 2014 at 5:19am

Thanks again Phil 

Permalink Reply by Nancy Mosley on August 24, 2014 at 7:54am
I believe it is the surface owner who grants right of way so do searches under the surface owner. At least in WV
Permalink Reply by Barry D on August 25, 2014 at 1:09am

Where are you located ?

Start with your title, are there any reservations for a right of way. See if you can get a hold of the title search that was performed when you bought the property. A reference to any rights of way may be included.

Try to get a hold of the deed of the person who sold you the property, and the deed of the person that sold them the property. These can be found at the recorder's office at the county court house. Depending upon how long each of you owned the property this could get you back far enough.

Not all deed reservations are listed on a deed, so you may have to search for any right of way agreements separately. Again in the recorder's office.

Searching for this type of information isn't difficult but is time consuming. You have to be patient and set aside up to a couple of hours.

Permalink Reply by time will tell on August 25, 2014 at 2:37am

Thank you Barry and Nancy .I am going to do what you all have told me .

There is mention on my deed that dates back to 1946 of a right a way 1 rod wide 

containing 1/3 of an acre more or less .My place is in Noble Co. Ohio 

I was trying to get a right a way from one of my  neighbors for a way to get a

secluded part of my farm that is almost impossible to get to . They have been

trying to rape me on a price for this , then they decided not to give it to me

because they sneaking in there to hunt  .Nice neighbors huh , well it appears

that this old right a way runs right threw there place , bummer .

I am going to the court house and take all of your advice and will get a surveyor 

to make the call . I will post what happens , again thanks for all of your advice ,

Time 

Permalink Reply by william r rinehart on August 25, 2014 at 5:15am

Time will tell,

We purchased 50 acres with title issurance, fixed the road, installed pipes across the road with a cable. Three months later we get a letter from a lawyer staing that so and so has a right of way threw our property. I called the title issurance company, and on his tilte back in 1902, there was one granted to use the path by the old pig pen. So this right of way was never on our title, only his. A year later, back and forth with phone, title company basically says to sue them, nice huh. Best part is we use the property for hunting, and his ten acres is attached to another 60 that he has by the road. Back side of his ten acres is about 500 feet from the road, he drives his UTV about a mile to cut across our property, every day during the gun season around 8 am.

Fun stuff,

Bill

Permalink Reply by time will tell on August 25, 2014 at 9:50am

Funny how it works sometimes William .On my deed it has the

description and way points - degree, It shows back in 1946 the

starting point at the road .

Does a right a way go away at some point ?

It say's for egress and ingress with no mention of an ending date .

Thanks for the info and I will post the out come .

Permalink Reply by william r rinehart on August 26, 2014 at 5:14am

Time to tell,

We could not get a lawyer to touch it, most say they are hard remove once they are in there. You are right ingress and egress only, I know that since he parked his truck in my field to hunt and walk to his property. I told him in or out thats about it. But my hats off to him he made sure the court house added this and had it surveyed. Still leaves a bad taste in my mouth though. There is a difference in needing access to a property, but he has access through his 60 acres which is closer. I still smile from time to time though, he wanted to buy the property and unknown to us we offered a better price, :-).

Bill

 

Permalink Reply by time will tell on August 26, 2014 at 5:32am

I wish you luck William .It sounds to me that he just want to be 

pain in the back side Did you give him the right a way ?

The one i'm dealing with tries everything in the book to be a extra pain .

With a in and out right a way can you stop him from using it or 

anything that would make it tough on the user ?

Permalink Reply by James Foster on August 27, 2014 at 6:35am

Unfortunately there is no such thing as an "old right of way".  A right of way or easement is forever including utility and pipeline right of ways or easements.  Companies often put language in them that allows them to give right of way to other companies cable, telephone and they receive compensation instead of you.  They try to put in language to control your use of the property and to have as much control of your property as possible.  We refused to give one to an electric co op because A) they would not pay us anything and cried poor mouth which we knew not to be true, B) they had a statement in there about removing any trees on property not just in right of way and we are timbering part of the acreage and saw no reason for them to remove trees that were not in right of way and not endangering their poles and line but they would not limit it to specifics, and C) they had a statement about controlling anything we might build on the property ... not just in the right of way ...  that they would not remove.  We were hoping to lease this land for drilling in the future and we felt like they might be gaining enough control of our property to stop this.  Clearly their power lines and poles might be in the fall zone of a triple rig!

A right of way or easement should be given only after careful thought and it should be very specific ... if you come back and put in another pipeline you pay gain ... maintain control of surface rights of your property ... limit time of access if possible dawn to dusk for example ... limit parking on property ... try to think ahead to what some boneheads might do and try to stop that.

RSS

© 2024   Created by Keith Mauck (Site Publisher).   Powered by

Badges  |  Report an Issue  |  Terms of Service