Ownership of Public Roads: Understanding Legal Rights and Responsibilities

Public roads can pose a complex and often contentious issue for property owners. The legal rights and responsibilities surrounding these roads can vary greatly depending on the jurisdiction and the specific arrangement. This article will explore the complexities of public road ownership, guidelines, and how to navigate these legal issues in the United States and England.

Ownership of Public Roads in the U.S.

In the United States, the ownership and management of public roads can be a nuanced matter. Typically, the ownership and maintenance of public roads are managed by governmental entities, such as city councils or highway departments. However, some property owners might believe they can obtain ownership to a public road, even if it passes through their property. Here’s an in-depth look at the legal aspects and considerations:

Right of Way in Indiana:

Indiana is a prime example of how property ownership intersects with public roads. A property owner in Indiana still owns the land under the road out to the center line of the “right of way,” which is often included on the deed. In some instances, a property owner might actually own all the land on which the road is placed. However, the governmental entity, typically the county government or city council, controls and maintains the road. This can lead to issues with road maintenance, as seen in your case where the road is poorly maintained despite being on your property:

“I own both sides of the road for 150 feet. I’m not sure when they took ownership or how. The road in front of my property is only 20 feet wide, meaning the right of way includes some of my yard.”

If you are located in a city, the right of way is often larger and may include space for sidewalks. Regardless of the width of the right of way, the governmental entity has exclusive control over the road:

“And that right of way is controlled by the governmental entity where it is located.”

Obtaining Ownership of a Public Road

In the United States, it is nearly impossible to obtain ownership of a public road that is officially declared “abandoned,” a process that is exceedingly difficult to achieve. Here’s what to do if you suspect you own a portion of a public road:

1. Title Search and Survey: Conduct a title search and obtain a property survey. These documents can provide critical information about the ownership of the road. The survey will typically be conducted by a professional and is a crucial step in understanding the legal boundaries of your property:

“If this is the USA you cannot obtain ownership of a public road unless it is officially declared ‘abandoned,’ which is very hard to get done. If you have a title search or a survey of your property it will tell you who owns the section you are interested in.”

2. Identify Ownership: The road may be owned outright by your local highway department or municipality, or it may be an easement for a specified number of feet through your property. If you have not conducted a survey, you can find one filed with the City or County Clerk/Recorder where the road is located, or at your local Highway or Building Department:

“The road may be owned outright by your local highway department or municipality or more likely is an easement for a specified number of feet going through your property. If you don’t have a survey of your own you might find one filed with the City or County Clerk/Recorder where road is located. You can also find a survey at your local Highway or Building Department but those surveys are much more difficult to decipher since they don’t usually focus on a single property or section.”

3. Title Insurance: If you need to ensure your property rights are secure, consider obtaining title insurance. This insurance will protect you in case of any disputes or issues with the property’s title:

“You should have title insurance at the time you purchased the property. Contact the title insurance and get them to make you whole.”

Subdivision and Road Ownership

The ownership of roads can also change with the subdivision of land. For instance, if you have two homes on the frontage and two home or lots on the back of the parcel, a connecting road is essential. However, if these lots are sold and the homes are removed to make way for a shopping center, the road may become part of the new, single property, and the name of the street may be removed from the books:

“Where in the world are you? Where I am (in England) it is common in rural areas that public rights of way pass over privately owned land. Is that the situation here? In that case, you probably still do own the land underneath the road but the public have a right to pass over it and if it is a ‘highway maintainable at public expense’ then the local council have a right to lay tarmac etc along it.”

Conclusion

Navigating the complexities of public road ownership can be challenging. Whether you are in Indiana, where the deed often includes ownership of the land under the road, or in a rural area of England where public rights of way pass over privately owned land, it’s important to understand the legal rights and responsibilities. Conducting a title search, obtaining a property survey, and securing title insurance are key steps in ensuring your property rights are protected. Whether you are a property owner in the U.S. or in a rural area of England, understanding these legal intricacies can help you maintain control over your property and the land beneath the public road.