Had a discussion with my town zoning officer (replacing my detached garage) and he mentioned in passing that the town owns most town roads, rather than just having an easement. We determined it wouldn't make any difference in getting my project approved; they calculate setbacks from the edge of the road (wherever that is) regardless. But the zoning officer's opinion doesn't seem right to me.
He's wrong. Where's he getting this opinion from?
JPH, post: 425851, member: 6636 wrote: He's wrong. Where's he getting this opinion from?
He didn't say what he based his opinion on. I've noticed with a number of town officials over the years that there seems to be a certain amount of folklore, and procedures based on a form found in the bottom predecessor-in-office's file cabinet.
I'm aware of the state's law about what to do if a road is discontinued and no records can be found about it's ownership status. Any other sources to base a better opinion on?
From the VT Supreme Court (Livermore et al. v. Jamaica, 23 Vt. 361, 364-5 (1851)) ÛÏtaking of land for a highway does not divest the owner of his title in fee. The public acquire only an easement; and the right of the owner to use, occupy and control the land in any manner, which is not inconsistent with the public enjoyment of the easement, still remains.Û
This is an excellent overview of the history and legal rigamarole regarding roads in Vermont-
http://woodfordvt.org/wp-content/uploads/2013/01/HistoryandLawofVTTownRoads2012.pdf
Of course there are times when the road becomes owned in fee, I have seen instances along state roads where the state has taken fee to the land under existing ROWs.
I don't know anything about Vermont, but often state highways and county roads are easements, as indicated by the Vermont supreme court, but city and town roads are owned in fee.
