Road right-a-way ?

[Pitchy]

If I were you I would get any kind of fence up on the property line. It is kind of scary that someone would petition a court for ownership of your land and you not be notified..

After asking the county surveyor about it again he couldn`t find a record of such a case so i think he was mistaken. What he saw was the court record of when they had to have their boundaries up-dated.
There is a fence on my side of the road that is road right of way distance back from the road.
The issue about who owns the ROW seems to be what`s important and determines the action needed.
Madman4570 was right on with some of the info he presented.

[madman4570]

Ok, the road is an easement so the row is my property.
The easy way to stop AVP is to send the guy a letter giving him permission to mow back to the private property signs.
So that`s what we are going to do, that`s where it stand for my situation others may vary.
Thanks all for the help.

Yep(should solve your dilema)bro!

Send that letter registered mail---(make a copy of actual letter/envelope etc. to keep)with also your receipt.
If you already sent it send another(have wife actually camcorder you writing it/sealing envelope/addressing it/mailing it!
Have her Zoom in on completed letter when finished/ and also Zoom in on address on outer envelope after you seal it.
Also make sure in your letter you put in writing (mowing/or "any action" on this ROW of yours(being you Pitchy) is to be done at your own risk)

Have seen where (even someone doing a task for free)it is still an (action of work)and without the (land owner)having actual proof of them being advised of this they have a potential risk of getting hassled if an injury occured while they are mowing it/trimming it etc.
If they are mowing it (under hire,for the Township)should be a different deal!


Just wanted to clarify my direct above post about ROW mowing(who could be liable for injury)Its one thing if they(township)or someone representing them declares to mow it----another if you say to neighbor(sure,come mow it)especially in the case of a non-business(without their own insurance for such stuff)

Would be same as if you asked him to cut/remove a tree for you instead of waiting for electric company to do it because of limited time constraints etc.


Good Luck friend!

[mohavesam]

"That guy was hunting on my property, killing deer and cutting the backstraps out and leaving the rest of the deer lay.
He was tearing down my no hunting and trespass signs..."

There's your answer. He's committing Misdemeanor criminal acts. File a complaint and press charges .

[Pitchy]

"That guy was hunting on my property, killing deer and cutting the backstraps out and leaving the rest of the deer lay.
He was tearing down my no hunting and trespass signs..."

There's your answer. He's committing Misdemeanor criminal acts. File a complaint and press charges .

The sheriff was called and a report made, that guy has sold and moved.

Madman, the attorney is sending the letter.

[pokey]

spray round-up to your property line.

nothing to mow , no adverse possession.

[ oh , may irritate your neighbor as well. ]

[Pitchy]

spray round-up to your property line.

nothing to mow , no adverse possession.

[ oh , may irritate your neighbor as well. ]

Acutualy thought about that, we`ll see how it goes first.

[Dave B]

Pitchy, From what I understand, once the municipality obtains right of way, the land will always be right of way (at least in Phoenix). I understand your concerns regarding adverse possession laws. If for some rare instance where the ROW is abandoned or moved (road realignment, etc.), you would want maintain ownership of that strip of land.
Typically, the landowner must maintain fron edge of road to ROW line, so they are helping you out with the mowing, but liability is a valid concern. I feel your pain.
Good luck with the outcome,

Dave B

[madman4570]

Answer has been staring us right in the face bro--(and we let it slip past us)

Talked today(chicken barbecue benefit )to a guy my wife knows(Real Estate Lawyer)
Over a drumstick while making small talk (I brought up your deal)No names(Pitchy?? Pitchy who??)

Told me the pure and simple fix--------------------------better than the letter(but still send it)however some people still won't take heed from that.

So, what do you do-??????????

You,yourself mow that piece(at least once a year)have wife cam it.(date/time on Video)

Adverse Possession can only take place when the Land Owner(is not doing "anything" on the land for an extended long period of time)
Mowing(doing something on it)even once a year is showing use. Heck, even in fall(leaves)mulch it too(that's twice a year)
Don't matter if you mow it the same day they do!

This stops them dead in their tracks! They can mow it every day-----------but you doing it like stated above(documented)shows that you are in occupation of said property and performing an activity within it.(well withing any entended period)

Would be no different that living in town and someone mowing your ROW(from curb to sidewalk)every day.(if you mow it once/rake it once/etc.You have shown activity on that section in which you own.
I feel this "combined" with that letter----------------makes Pitchy a sound sleeper at night.

Later Dude!

JMHO

[Pitchy]

Cool idea bro, and thanks for keeping at it and the info.