Does someone have an example of a document that petitions to vacate a platted road that was dedicated to the Lot owners?
We're trying to save the land owner the fee for hiring a land use attorney.
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Road and access law varies dramatically by State. The process of vacation is further complicated by county requirements.
Sometimes the attorney is the right call.
I always tell my clients you can do your own legal work without a lawyer, and you can pull your own teeth with a pair of vise-grips and a bottle of whiskey. But is it wise?
How was the platted road dedicated and is it only to specific landowners? Has the dedicated road been used by anyone, landowners, public or government entity. When you say "we", is it 100%?ÿ of said lot owners?
Over the years I have directed various clients to experienced land use attorneys, some charging twice the normal price and I feel all were served more economically. Were I to attempt the same thing with a non experienced attorney my time would be twice as much for all the required hand holding and education.
When you say "petition", typically someone must judge it, and judges don't like working without lawyers.
Paul in PA, PE, PLS
If all the lot owners are in agreement I doubt an attorney is neccessary, but the process varies wildly between jurisdictions. Any advise you get on here will be useless unless the advise is coming from someone in the same area.
I'm making a very educated guess that this is a cookbook process controlled by the vacating authority. Have the landowner meet with them and get the all the forms, rules, ect. that are necessary. As far as not needing a lawyer...??..maybe yes, maybe no.?ÿ
And even though there are probably court cases that rule the vacation doesn't need to show on the deed to be part of the property, I would get it attached to the deed if possible after it's all over, that should be done by an attorney. The landowner can do it himself, but that may be dangerous in this situation, frankly if they are asking how to do this then they really should have a title attorney. Have the landowner do all the grunt work (meetings, letters, forms) that can save a lot of money. I will charge way more to do a vacation if I have to do all the paperwork and make all the meetings.?ÿ
There are many differences to the process of vacation. A landowner can vacate a 300' street along the west side of a block while on the east side the same 300' of street can cost $9000 more to vacate simply because one is in the county and one in the city. Be sure to look up the fees and costs, I've had clients decide not to vacate when I told them what the costs were to do it.?ÿ