Pitchy wrote:MadMan, there is no doubt about the surveyed line and he knows where it is.
We are talking about road right away on my side of the road. Road right away is 33 feet from the center of the road.
Legaly he can park on my side of the road on RR, what i`m not sure about is if he can claim any Road right away as his land by using it.
I`ve got both yes and no opinions in the past.
So off too the court house and lawyer tomorrow which costs me money and that makes me mad.
If i was important and had money i`d just turn it over to a attorney and say take care of it but that ain`t the case.
Thanks for the suggestions everyone.
Believe you will find the answer being--------------No (and while he can STOP/and sure maybe have his car in PARK possibly for an extreme short time he cannot park it all day/overnight etc.)
Up here along the roads once you leave the road edge you have a aprox 4ft shoulder and then people lawns start(and I am talking country/out of town limits) I defy anyone to pull their car 13ft up on their lawn and PARK their car
![Laughing :lol:](./images/smilies/icon_lol.gif)
(in their lawn)but actually it could be a hay field same deal.
That extra distance they give is for an emergency(road snow removal distance removal etc,)
If that yahoo of yours is PARKING HIS CAR on YOUR side off the shoulder and on your land road right of way or not-------he is wrong----at least up here!
Good luck friend!
JMHO
Being that road has legal right of way of 33ft from center(that seems very high)?? Is this a state access road/highway???
Since this right of way allows public access(you cannot post it)until over the 33ft from center.Since you cannot post it(keep people off it)No adverse possession can take place.
I believe your lawyer will tell you that the 33ft(from center)along you allows right of way(THAT IS NOT PARKING)what I mean is the car has to be in the process of going to and from.(same as someone has right of way across your land(say they own a home out back of your home and have ONLY right of way claim.(they cannot park/block/obstuct any of that tract of land)unless an emergency/stranded vehicle occurance etc.(same as with a state road that the land on the edges of the road(when that being out past the right of way distance is owned by someone OTHER than the state.
33ft(or 66ft total both sides seems high)
Bet you will find---------------------NO he cannot claim that area period.
Also, normally the land section that is right of way(the part from center of road,that 33ft)would be maintained by your township IF you did not mow it and they deemed it requiring mowing???????????Example (a farmers corn field that has corn planted 50ft from road but that extra 17ft he just lets it sit(if township deems the growth inhibits safe travel)they usually just mow it??????/
Here it is 50ft (ROW)combined?????????(unless high volume road/or state highway---then it varies)
Then again that 25ft (from center)is only for persons (in motion going to and from) You park your car(best be broke down)or it gets towed. No different than a sidewalk that you own in town.Can tavel it/but cannot loiter on it!
JMHO