Unused county road on my property land, what to do?

Unused county road on my property land, what to do?

Rental Property Investor · Anderson, SC · Member since 2020 · 38 posts · 12 votes

I was door-knocking yesterday to get a feel of the neighborhood I am planning to invest in. The next-door neighbor gave me lots of details of the area and even told me about a road that was once used for traffic bypass back in the 1980s. This road happened to be in between his house and mine, and it runs through my back yard and onto the main road. He mentioned, the county just didn't seem to care and let the woods grow overtime. Now, since this area isn't used anymore could I contact the county to either clear out the road again or sell it to me? I know this may seem confusing, but below will be a picture of what it looks like in the tax map. What should I do with the "potential" additional land? 

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Jay HinrichsBusiness Member
Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
5y
Originally posted by @Tom Gimer:

You'll want to check (or have an attorney check) local law on ownership. If the legal description of that property (and the adjacent ones) indicates that it "binds upon" that old county road, the owner likely owns to the middle of that road.

I am sure this is state specific..  I was building a 120 unit development on the Oregon coast and there was an old road on the plat.. it was one of those roads out west that is platted but could not way be built Striaght up and down.. we were able to ablandon it and buy it.. But every lot that had access to that road had to sign off .. about 15 property owners.. city was fine.. just needed to clean  up the title like Tom mentioned

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  • Tom GimerBusiness Member
    DMV · Member since 2017 · 3k+ posts · 3k+ votes
    5y

    You'll want to check (or have an attorney check) local law on ownership. If the legal description of that property (and the adjacent ones) indicates that it "binds upon" that old county road, the owner likely owns to the middle of that road.

    Gimer Law518 Reviews
  • Clint ShelleyPro Member
    Surveyor · Dothan, AL · Member since 2014 · 425 posts · 391 votes
    5y

    Unopened doesn't necessarily mean abandoned. Too many variables and what ifs for this situation. As stated, check with the entities mentioned above, but most especially, a title attorney. This will give you direction.

    Clint

  • Rental Property Investor · Anderson, SC · Member since 2020 · 38 posts · 12 votes
    5y

    @Tom Gimer @Clint Shelley Awesome, thank you guys. I will certainly reach out to my attorney.

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    5y

    It looks like there are quite a few undeveloped lots along that road.  I'd check to see if your lot goes to the road or if it includes part of the road.  Chances are if they develop on any of those lots, people would need access via that road.

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    5y
    Originally posted by @Tom Gimer:

    You'll want to check (or have an attorney check) local law on ownership. If the legal description of that property (and the adjacent ones) indicates that it "binds upon" that old county road, the owner likely owns to the middle of that road.

    I am sure this is state specific..  I was building a 120 unit development on the Oregon coast and there was an old road on the plat.. it was one of those roads out west that is platted but could not way be built Striaght up and down.. we were able to ablandon it and buy it.. But every lot that had access to that road had to sign off .. about 15 property owners.. city was fine.. just needed to clean  up the title like Tom mentioned

  • Rental Property Investor · Anderson, SC · Member since 2020 · 38 posts · 12 votes
    5y

    @Theresa Harris Yeah, most of the lots behind there have been purchased by the houses closest to it. I wouldn't think it includes the road according to the map, but ill certainly consult and ask tomorrow. Thank you!

    @Jay Hinrichs Wow, see that is what I was thinking as well. Since this road did lead into these lots before I thought it could be built back up, but not so sure considering how it looks back there now. I guess it really comes down to how much I really need that additional space and if it will give me any kind of return. Thank you!

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    5y
    Originally posted by @Jesus Sosa:

    @Theresa Harris Yeah, most of the lots behind there have been purchased by the houses closest to it. I wouldn't think it includes the road according to the map, but ill certainly consult and ask tomorrow. Thank you!

    @Jay Hinrichs Wow, see that is what I was thinking as well. Since this road did lead into these lots before I thought it could be built back up, but not so sure considering how it looks back there now. I guess it really comes down to how much I really need that additional space and if it will give me any kind of return. Thank you!

    if your just going to use it for yard space parking etc.. just go for it.. worse case is the city says to move your stuff.. 

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