Texas County Road ROW

> Does anyone know if there is a statute or precedent set in Texas that defines the county's right of way width if the property lines for the adjoining properties go to the CL of the road? The roads that I am referring to are county maintained roads, not under TXDOT.

Sure. Just examine the orders of Commissioner's Court that established the roads and see what their classifications were, i.e. First, Second, Third, or Neighborhood. If the orders don't specify a width, the various road laws in effect at the time set out minimum widths for each class.

Be sure to check later orders of Commissioner's Court for widenings or changes in classification.

In most of the Texas counties I'm familiar with, the rural roads were originally established as county roads in the period from about 1870 to about 1920, so you'll be searching old records. The other element to the search is that the roads were typically identified by some other name when originally established, typically describing the road as a route connecting another road with a place and with the names of petitioning or protesting landowners along the route as the main clue as to identity. That can require substantial research also.

The historical USGS 15-minute quad maps are excellent resources to have when researching old county roads. They can give place names that may not still be used and show the road network as existed at some early date.

what Kent said.

plus, if you don't find any info regarding the road in the county records, and the county is maintaining it, then it is probably a prescriptive easement by now which will include the area in use for road purposes, fence to fence or back of ditch to back of ditch.

there is often road info at the counties, but they may not know it, or don't know where it is. talk to the county engineer or the head of the transportation/road department if there is one. if you convince them that you're not going to tear up their files, then they may let you do a large amount of research there.

The Commissioner's Court Records is probably where you will find your answer. Ask your County Judge or Precinct Commissioner.

They have a list that will show the length of every county road and know where the maintenance ends on questionable roads.

During the 1980s many of the nearby counties adopted 50ft or 60ft as their width for county roads to match what the Veterans Land Board of Texas required for an acceptable r/w to reach properties.

Some counties like Wood county went as far as to produce a resolution complete with detailed specifications for new roads and what was acceptable for existing road widths to be for proper maintenance.

As Kent mentioned, when the roads were dedicated, they indicate them as a Class I, II, or III road. The transportation code will tell you the width as many times the Commissioners Court DIDN'T tell you. A Class II rural road, should be 40' wide.

Now, for extra points, BECAUSE the commissioner's court has the right, by statute, to put a road down ANY property line they choose, and since, at least in my county, THEY WERE NEVER SURVEYED, is the road the property line, or is the line IN the road, somewhere?

Good luck. Your question tends to find more questions than answers, IF your county has them codified in a manner that is good for searching.

In the 50's, surveyors just "moved" the lines to fit the center of the road as it existed then. The road now, when you recover those corners, typically don't fit those corners. They ebb and flow more than a creek.