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Old 03-05-2023, 10:50 PM   #11
John Mercier
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Quote:
Originally Posted by Cal-to-NH View Post
Hi John. For my road I already discussed how the claim came about. In my friend's example, he was told by the "road owner" while he was working in his yard. Again, neither of these people own any lots on their respective roads.

And Tummyman, The verification from your attorney is exactly what I was looking for - thank you.
And I agree that most of us have some sort of "communal" maintenance for our roads - some formal and some informal, but the wonderful thing is that it all seems to work (in most cases). As far as the liability issue, that's great information! I guess it makes complete sense that it's a bit equivocal when you're dealing with insurance companies - for sure! After all, the property lines that we can document that we own ends at the road, right? A little scary! Didn't mean to open a can of worms on this question...
So you, and those before you, have been using it for years/decades (?) and this is the first time the claimant has contact anyone? Regardless of the claimant's position, they may have lost the right to restrict access even if a deeded right-of-way does not exist.

https://alfanolawoffice.com/road-law...owns-the-road/

He would need to show clear intent when subdividing the lots and early in the process of deeding the lots.
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