A county road was abandoned many years ago and the fence on our side of the road was removed but the fence on the other side of the road remained so I have had possession of the total road since. Can the other landowner claim his share of the road all these years later? If not, am I obligated to pay him anything for the property? This is irrigated farmland and the property in question begins 1/2 mile north from the public road running east and west.
1 Answer from Attorneys
Re: Adverse Possession
More facts are needed to answer your question. By abandon do you mean that the county formally gave up all of its rights to the road?
Have you, for more than 10 years farmed up to the fence and/or otherwise openly claimed ownership of the vacated road? If both answers are yes you may have the right to keep the vacated road. But donot rely upon this as a conclusive answer to your question. The complete facts would have to be evaluated before a legal opinion could be given