[bill93]

Bump. This post must have been too far down the list when the new poster was approved, so nobody saw it.

Having the traveled way shown on a document gives your case some strength, but it will likely take more research into the history of the parcels and a search for any recorded easement before you can know for sure. Traveled way could indicate just an observed usage and not a dedication or easement.

What state are you in? Is that a subdivision plat or just a survey? (I can’t read the notes on my phone)

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[peter-ehlert]

The legend of that map probably explains what the line-types indicate.
As Bill said, we need lots more information.

Is this a Recorded Map? as in is it something that can be found by the general public is the county clerk or recorder?
If so, please provide the recording information: Book, Page, County, State, etc. All on that onfo should be in the title block or in a “recorder’s certificate”

[andy-bruner]

It MAY give you rights to use it but laws vary from state to state.  Several questions would need to be answered also.  Was Lot 1 and Lot 2 originally part of a single property?  Did the owner of Lot 1 sell the property to the current (or past) owner of Lot 2?  How long has the “Travel Way” been in existence?  There is a thing called “Prescriptive Easement” which MAY give you rights to the travel way, but then again it would depend on the laws in your state.

Andy

[Unknown Member]

Have you poised your question to the Surveyor who prepared the map you posted? I would encourage you to do so as he/she is familiar with State laws applicable to your predicament. Also, is the Travel way used as a matter of convenience or necessity? Access to Parcel 1 is provided by County 47 so that should not be of concern.

[Norman_Oklahoma]

Posted by: @frustrated-land-owner

Can someone please to me if I have a leg to stand on when it comes to this battle?

Well, yes, you probably do. That doesn’t mean that you will win.

This travelled way I presume was in place when your lot was created and has been in regular use to access your property for some time. That’s a plus for you. It looks like your property is adjacent to a road to the north, so you have a viable alternative. That’s a minus. 

I’d want to see all the relevant deeds and a title report. You may have an express easement to use that travelled way. A local surveyor can help you with these things, and may be able to resolve the dispute. 

Beyond that an attorney will want to know about all the communication you have had with Owner No. 2, written and oral, with regards to your access. Then any communications between both your predecessors in title. You use of the travelled way may have been merely permissive, and that permission is now being withdrawn. Or it may be the product of an unwritten agreement, which is enforceable if it can be proven to exist. Which is tough to do. Or it may have been adverse to Owner No. 2 long enough to have ripened into a “prescriptive easement”. These are also difficult to prove.  

[bill93]

Now at my desk computer, I can see this is in Otsego Co., NY, just east of Oneonta and at the Delaware Co. line.

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[Frustrated Land Owner]

Thank you all for your speedy response

 

[bill93]

I think I found the right properties on the GIS, just west of where two former railroads crossed, but the shapes don’t all match that survey, so some land must have been transferred since the survey? What was its date?

Are your initials ER? And you are trying to access the land south of the former D&O RR, and MK owns the old RR bed?  If so, Google Earth shows you might have an argument for necessity for using either that indicated way, or else the old RR bed from the Delaware County side.  That is something you would have to discuss with a l*wy*r, which will get expensive. I’d want to sell the 6 acres to MK to avoid the trouble.

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[vasurvey3004]

Your deed should have the answer.

[BStrand]

A copy of that entire map would be pretty helpful.