As explained in Estojak v. Mazsa, 522 Pa. 353 (1989), there are times that courts in Pennsylvania have recognized a doctrine similar to adverse possession has been recognized as a means of extinguishing easements when access to the right-of-way is blocked for 21 years, but attempts to get private agreements or to obtain court orders are time consuming and expensive. This is another indication of who really owns the property, but there still is nothing recorded, which limits possible uses by the actual owner. As a result, trees and other conditions on the paper street become the responsibility of the abutting property owners in the subdivision. It also may be important to know the location of any improvements you may have constructed within the right of way. Street rod means a motor vehicle, other than a motorcycle, that: Freeway means a divided multi-lane highway for through traffic with all crossroads separated in grade and with full control of access. A road may physically exist and be capable of travel, but if not yet accepted, it is still a "paper street. " The improvements on the ground are constructed in a different place than is shown on the approved subdivision plans.
Our real estate lawyers have helped clients in various situations involving paper streets, quiet titles, disputed boundary lines and more. See Waterville Estates Association v. Campton, 122 N. 506 (1982). These old plans were drafted by hand and are artistically beautiful, but may bear little relationship to structures later built because the scheme of lots often failed to consider topography or areas where construction might be difficult, such as wetlands, streams or areas of ledge outcrops. By Beth David, Editor. You end up with the property interest that you purchased in the subdivision originally as well as the property interest that reverted to you when the governmental body abandoned the property comprising the paper street, generally when the 21-year Statute of Limitations expires after the subdivision developer originally dedicated this land for a specific purpose to the governing body, such as a municipality or township, which did not accept and use the property as intended. As time passed, paper roads often would be overgrown by trees and brush so they became undistinguishable from the abutting lots. As spelled out in Rahn v. Hess, 378 Pa. 264, 269-270 (1954), the purchaser who acquires the property from the developer owns the reversionary interest unless the developer specifically retained that interest. That's in practice, at least. Local land use boards use the status of highways as critical information in the performance of their duties. Presumably, that would be the contractor from decades ago. Dear Mr. Hoehn, Years ago, before the process of subdividing land became governed by comprehensive and complex county regulations, developers would record plats subdividing tracts of land into small building lots. Here are some examples of the impact that "paper streets" may have on municipal operations. The language of RSA 231:51 allows, but does not require, a governing board to release or discharge land from the public servitude of a dedication if the highway has not been used for public travel for 20 years. The legal requirements for closing a paper road depend on whether or not it has been dedicated to and accepted by the county as a public road.
Property owners may feel that an abutting undeveloped paper road is part of their property, but other property owners may have rights to access via that road, access which could be developed in the future if the need arises. Although each situation will vary as to the facts, municipalities should not ignore the "paper streets" within their boundaries. After the survey establishes the boundaries for your property that includes what was formerly the paper street, you would have a new deed that is drafted so that the title to all of the property owned by you can be recorded. The status of the highway is used in determining the amount of state aid that will flow to the municipality pursuant to RSA Chapter 235. However, in most cases when you go to sell your property, a real estate agent or title company may refuse to go forward with the transaction until the quiet title action is filed. As set forth in Section 1961 of Title 36 in the Pennsylvania Statutes and enacted in 1889, municipalities and other governing bodies have 21 years to accept the land for the dedicated street after the plan has been recorded. The Commission has created the Walking Access Mapping System, which informs the public of the location of public places including paper roads.
This website uses cookies so that we can provide you with the best user experience possible. See Maine Revised Statutes M. S. R. A. Pursuant to RSA 231:2 and:3, all municipalities have the duty to maintain the Class IV and V highways that are located within their boundaries. The Fifth Amendment to the US Constitution prohibits this result, but there is nothing in the public record to avoid litigation over this issue. DRAFTING A SUBDIVISION AND "CREATING" PAPER STREETS. In other cases, the lots were sold, but the road was not constructed or the subdivision has passed to a different person as a result of a mortgage foreclosure.
Contact us today for a consultation. These streets are private and are the responsibility of the various individual property owners in the plan or subdivision. Controversies sometimes arise about ownership or use of paper roads. We had a case in Chester County where we represented a church with a paper alley separating the church building from a buildable area to the rear. WHAT REVERSION OF OWNERSHIP MEANS HERE. When the public rights evaporate, the title line of the adjoining lots MOVES to the center line of the proposed street or alley, subject to private rights. The issue will be on a future agenda. So, one might wonder what went wrong during this process.
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