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Old 04-02-2007, 02:55 PM   #1 (permalink)
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Just found out through the grape vine that the local town voted and thought it would be a great idea to rebuild a road and bridge over a creek to get to some land there are getting ready to steal from an old farmer when he dies so they can sell it to a builder for 400 homes.

The prob is of course that the old road was decommissioned 80 years ago and is private property....namely mine.

I see this ending ugly after a long lengthy court battle that I wasn't planning on spending money on.
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Old 04-02-2007, 03:22 PM   #2 (permalink)
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Nick:

Now is the time to option that property before someone else does!!
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Old 04-02-2007, 03:29 PM   #3 (permalink)
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Tell the old farmer, and have a deal in place for when he dies, you buy the property... At that point, the builder can't do much about it. Then again, with all the bruhaha with the emminent domain stuff, it might not be enough to stop.
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Old 04-02-2007, 04:04 PM   #4 (permalink)
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The cheapest/safest thing to do might be to work with them to come up with a road route that is better for you (like a the edge of your property or what not). That's assuming you don't have any paperwork proving the road was officially removed from inventory.

Phil
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Old 04-02-2007, 04:52 PM   #5 (permalink)
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Quote:
Originally Posted by HoosierBuddy
The cheapest/safest thing to do might be to work with them to come up with a road route that is better for you (like a the edge of your property or what not). That's assuming you don't have any paperwork proving the road was officially removed from inventory.

Phil
I have tax map showing property with driveway marked as 'gravel lane' and not as a right way, a road easement, or anything other than private property.
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Old 04-02-2007, 04:56 PM   #6 (permalink)
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Guess it would be good to find out before the garage goes up...

Good luck Nick.
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Old 04-02-2007, 05:09 PM   #7 (permalink)
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That sucks!
One thing you probly have going for you is your dealing with the Town and not the County or State.
Man you should gather all the facts and make them public, then you would have most of the population of the Town on your side. Who wants 400 more Houses to deal with, except the builder. Just my .02
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Old 04-02-2007, 05:31 PM   #8 (permalink)
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This is why I attend City Council meetings.
Discovered that there are plans for 1856 new homes in my town in the next 3 years.
We currently have a population of 2900.
Also discovered that a great many streets and county roads had the property lines running down the middle of the road.
My property had along one border the main street of the town before the highways arrived.
I came across plans to build a spur using an old map to lay claim of this woodlands for the spur.

Get your facts together and check with the city clerk for minutes of the meetings.

How are they going to steal the old guys land?
There are laws to follow that protect him.

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Old 04-02-2007, 05:34 PM   #9 (permalink)
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The town referendum passed already. They voted to annex the farm and make it part of Rising Sun. This way they can get around Cecil County's stated restrictions on development....now that it is within town boundary (or will be unless a petition trumps the referendum vote they had) they will be able to build 136 houses instead of 74.

Building the houses isn't what bothers me. Its that now they are talking about adding an additional road to that section expressly to give the new subdivision ANOTHER path to route 1. There is a perfectly good rood that actually splits the farm they just annexed and provides ample access to route 1. If they do this, my driveway will become the short cut for a HUGE amount of traffic flow....not just the new neighborhood, but everyone in southern PA running down to I95 that uses the other existing road.

I did not need this headache.

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Old 04-02-2007, 05:41 PM   #10 (permalink)
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Quote:
Originally Posted by 70_GRABBER
How are they going to steal the old guys land?
There are laws to follow that protect him.

Bruce
They already stole it; they annexed it and have upped his taxes . The hearsay story I got is the old guy has no heirs, so no one to leave it too. The land gets annexed by the local town, when he passes away, they can assume ownership unless he leaves it to someone...but he has 0 relatives apparently. The other hearsay story I got is that he sold it already and the developer it driving the annex purely to get around building restrictions so they can put more homes in.

I don't have all the details of the land development and quite frankly I think building new homes there is great. It will be boom to local economy and will be a boom to my own house value....unless they arse rape me and put the road literally in my front yard 6 feet from porch. especially when there is a perfectly good road already there....and they wouldn't have to build a bridge, wouldn't have to take my land, wouldn't have to take some of my neighbors' land, and I wouldn't have to worry about if I should build my barn or not.

I've already written and sent a letter to the mayor. I'm still going to county zoning to put my barn where I want it for now...that should help gauge how far along this part of the master plan is.
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Old 04-02-2007, 05:44 PM   #11 (permalink)
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Check with a title insurance company to determine your rights to the "lane". If the town/county has right of way you may be SOL and no sense in investing big money in an attorney's retirement.
If not, you can better prepare your case.
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Old 04-02-2007, 05:47 PM   #12 (permalink)
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As far as your land goes, take the time (and some money) and hire a good land surveyor. A good Surveyor should be able to hunt down all the easements and trace your deed back to the patent deed. If any road right of way has ever been granted across your property, a Land Surveyor should be able to find it. These guys can turn up stuff title companies often miss.
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Old 04-02-2007, 05:49 PM   #13 (permalink)
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Been there and done that, brother! We had (notice the word "had")...78 acres that my wife and I own. There is a dirt road that goes down one side of the property and actually splits off a small section on that side. Well, the road goes 1.5 miles down to a large slew on Lake Martin. No houses from my place at the front part of our property all the way to the end and there are a bunch of houses/cabins at the lake. Well, we owned the road and the county scrapes it and keeps it up...laughing outloud/sarcasm...The county decides it wants to do more...which means it wants to take and take...they wanted to take 2.5 acres of our land and straighten the road and pave it. Not really a problem...but, they don't want to pay for it! *%&$^%$&%&& enter lawyer and many documents later, they pay us a pittance for what the land is worth. Good luck fighting city hall...wish George Washington or the like was still alive today to kick some government butt...After appraisal, it is worth far more than they would pay us...but the legal battle can rage on and on and on....so, they work on the road and promptly muddy up our pond (2 acres) which they said they would be careful about...now they don't want to fix that, it has been muddy for the last year. Enter the dept. of Environment Management, which I happen to work for...hey,hey,hey...they have got more trouble than that dang little county engineer will ever get out of now...lol. Sicked the big dogs on 'em...lol. :p Now to wait for the end of the story...they will pay and pay big!
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Old 04-02-2007, 05:51 PM   #14 (permalink)
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BTW, they still haven't paved the road as they said they would...even promised...who would have thought...lol. Liars... }
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Old 04-02-2007, 05:57 PM   #15 (permalink)
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Quote:
Originally Posted by C. Alan
As far as your land goes, take the time (and some money) and hire a good land surveyor. A good Surveyor should be able to hunt down all the easements and trace your deed back to the patent deed. If any road right of way has ever been granted across your property, a Land Surveyor should be able to find it. These guys can turn up stuff title companies often miss.
--C. Alan
Wife is an Environmental Scientist and familiar with this type of research. She had done it previously and the old roadway was sold to 4th previous owner of property where my house is decades ago. That was a large farm which has since been subdivided a little and a few additional homes built (all family of owner). Then this house was sold to previous owner, and then sold to us.
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