Very angry venting/rant

eggcited2

Songster
10 Years
Jul 8, 2010
483
26
201
Illinois
When is a road not a road.........

There is a gravel road 50 feet wide, that would be equivalent to larger than a 3 lane road. People have been driving on that road for many years. It was used as haulage road for the big huge trucks that haul coal. The road is wide enough that two of those trucks could pass each other on the road.

Now all of a sudden, a guy buys land on one side of that road, and wants to make that road into a blacktop road.
Supposedly the road that has been used for likely 30-40-50 years, is not the *real* road. Somehow over the past 30-40-50 years as those big huge trucks used the road, it 'slid' over. Any way that is what we are being told. The road that has been the road for the past 30-40-30 years is not really the road.

When we looked at this land to buy it, the realtor guy had trouble finding the land, because there were no posts put up showing the lay out of the land and it's boundaries. He called back to the realty office and spoke to the person who listed the land, and she told him where it was located. The two realtor signs, next to the road. He got out with my husband and showed him the layout - the land started where the grass and road met (actually we would own to the middle of the road) and where it went to on the north, west, and south. We purchased the land. We put a home on the land, a barn, horses, goats, etc. We had a fence built around the pasture for the animals, and left room between the fence and road for easement.

NOW all of a sudden, the man who bought land across from us and wants to blacktop the very very very wide road (wide enough it would be bigger than a 3 lane road) has said that we do *not* own the land we think we do because the road that has been the road for a very very long time (the coal mine quit using it about 25 years ago or longer) that was used by the coal mine that originally owned the land here, is not really "the road". Even though the coal mine used it for generations, and after the coal mine quit using it, it was used as a country road for general vehicle traffic and as the road for the few homes that is out here.

Instead of using the over 3 lane wide road, he wants to use what was supposed to initially be 'the road'. Way back about close to 50 years ago. To do that, we have to move the fence around the pasture, and lose a bunch of what we thought was our front yard. We thought it was our land because that is how it was shown to us and there were no posts showing the boundary lines.

The one neighbor who lives out here, who's wife was the listing realtor for the land we purchased, said there are surveyor posts. Finally found about 6 inches deep in the ground, covered up by the dirt and all kinds of stuff. Not visible, but rather hidden by dirt.

So... instead of using the existing 50 + foot wide, more than 3 lanes wide road, they want to dig up land that has been unused for likely a minimum of 30 years, and put in ditches on each side of it, and black top all that newly dug up land. NOT the road that is currently there, would be wide enough to dig a ditch on each side of it, even have room for pulling to side of road if flat tire or such, and also still have enough room for a nice size two lane road. All that could be done on the existing road way that is being used. But **no** they want to leave all that and not use it. They want to cause us to spend wads of money we DO NOT have. Hello! $2,100 a month to live on, and we are supposed to have a bunch of fencing moved.

Ummm, does this sound stupid or what?!?!? I just do not get it. Why not use that huge road that is already there?
somad.gif
 

mom'sfolly

Crowing
12 Years
Feb 15, 2007
5,023
77
308
Austin area, Texas
I think you should start talking to your county officials...I think that land that is "unused" or used for something else for a certain amount of time is considered to be what it is. It means if your fence is 25 feet over your neighbor's property line, and no one has objected for a certain amount of time, that land becomes yours. That means a road that has been used for public access is a road, even if it is on private property. Re-routing that road becomes a government matter, not a private matter. If you can document that the road was used by the public, and not just as a driveway, the new owners don't have the right to move it.
 

hemet dennis

Songster
8 Years
Nov 9, 2011
3,866
103
228
Hemet,Ca. 20+chicken years
My Coop
My Coop
A lesson to anyone buying property is to have the seller find the property stakes or pay to have the property surveyed. This is how people end up with aggravation and lawyer cost and court time. And the cost to move stuff.
 

dainerra

Crowing
9 Years
Jun 4, 2011
3,595
571
296
actually, the new owners might have every right to move it. Or they can allow you to buy the easement to own the "real" road.
His claim is simple - his deed says that the currently used road is actually his property.
Sorry, but as Helmut said that is the price you pay for not hiring a surveyor. NEVER take the word of anyone about where the property actually lies. Or even looking at the plat maps yourself. Over time with the big trucks driving along and passing each other, the roadway shifted. It's not your neighbors fault.

And, at this point, you really can't hold your realtor accountable either.
 

eggcited2

Songster
10 Years
Jul 8, 2010
483
26
201
Illinois
A lesson to anyone buying property is to have the seller find the property stakes or pay to have the property surveyed. This is how people end up with aggravation and lawyer cost and court time. And the cost to move stuff.
We were told it had just been re-surveyed. The listing agent used to own the land, sold it, and the people she sold it to changed their minds about building and wanted to sell it. The origianl owner/seller is a realtor and she listed the land for the people. It was surveyed again because the people initially bought 16 acres, but they split it into two different acreages to sell. The listing agent is who told our realtor where the land was and how it was laid out, for him to show us.

We were silly enough to trust the listing agent to tell our agent (they work in the same office for the same realty company) how it was truly laid out. It was just re-surveyed and supposedly the layout was supposed to be correct. BUT that was the main problem, I let myself slip and trust. Which in my 58 years of being alive, I have certainly learned by now, DO NOT TRUST any human being. And I slipped and forgot to follow that rule.

And once again, it came back to bite me in the butt. I was stupid enough to trust and now a rich bully and his city friends (lived in city but wanted to buy land in rural area far away from any big towns and hours away from a city. Buy land at a economically collapsed dying little town, so they can play at being country people) can show to dimwitted rural country people how important they are (the rich bully and city people. The city people want to show off how they are big fish in a little pond, where as before when they still lived in the city they were just little fish in a big pond)
 
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dainerra

Crowing
9 Years
Jun 4, 2011
3,595
571
296
you may be able to claim, not squatter's rights, but grandfathered usage. But you will have to hire a lawyer.

I still don't see the new neighbor as being the bad guy. He simply wants the property that he paid for, as I'm sure that you would in the same situation.
 

missnu01

Songster
7 Years
Nov 16, 2012
2,749
144
226
All you have to do is have the land surveyed, but it will cost you, and if you are wrong about which land is where then you will have paid money for nothing...
 

cassie

Crowing
12 Years
Mar 19, 2009
6,765
3,623
461
actually, the new owners might have every right to move it. Or they can allow you to buy the easement to own the "real" road.
His claim is simple - his deed says that the currently used road is actually his property.
Sorry, but as Helmut said that is the price you pay for not hiring a surveyor. NEVER take the word of anyone about where the property actually lies. Or even looking at the plat maps yourself. Over time with the big trucks driving along and passing each other, the roadway shifted. It's not your neighbors fault.

And, at this point, you really can't hold your realtor accountable either.
There is such a thing as adverse possession, and it may well apply here no matter what the deed says. Legal advice and a survey is needed.
 

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