Posted on: 01st Jan, 2008 12:10 pm
In 1982 the previous owner of my property (my mother) and the previous owner of the property adjacent to me, quick claimed a portion of our property for a road so that the main road would be a loop. This is mountain property with dirt roads. My mother was told that a Road Association could not be formed if she did not deed the land to the Road Assn. It was agreed verbally at that time that the road would be maintained. This is NOT happening. The steepest and most dangerous part of the entire 13 miles the Road Assn maintains is the part we deeded. Except for the road on our property, all the other roads are public roads privately maintained. I am concerned if I have any liability if there is an accident. The deed was recorded with the County with the stipulation that my portion will remain private. The neighbor and I would like to close this portion of the road that is on our property for fear someone is going to drive off the mountain. The road assn does not do any snow removal so this is really an issue in the winter (right now). Back in 1982 there were only 3 or 4 house up here; today there are 15 so the road is well traveled. Did they relinquish all of our rights when the quick claim deed was done? Thanks a million. Char
Hi,
Welcome to the forum,
You have no rights on the property once you have quitclaimed it.
I think after quitclaiming the property, it is not your headache to think about the maintenance of the road. But if you can do it, that will be really great.
Best of luck,
Larry
Welcome to the forum,
You have no rights on the property once you have quitclaimed it.
I think after quitclaiming the property, it is not your headache to think about the maintenance of the road. But if you can do it, that will be really great.
Best of luck,
Larry
Hi Caseman,
Once you have quitclaimed, it's true that you have relinquished all your rights. And, since you have recorded the deed also, so the quitclaim is valid and now it should be maintained just like the others roads. Therefore, even if there's an accident, you won't have the liability because it's not yours any more.
I understand you may be thinking of maintenance but I have a question here. Who maintains the other roads privately? I am asking this because you've said that the stipulation while recording the deed was that your portion of the road would be private.
Thanks.
Once you have quitclaimed, it's true that you have relinquished all your rights. And, since you have recorded the deed also, so the quitclaim is valid and now it should be maintained just like the others roads. Therefore, even if there's an accident, you won't have the liability because it's not yours any more.
I understand you may be thinking of maintenance but I have a question here. Who maintains the other roads privately? I am asking this because you've said that the stipulation while recording the deed was that your portion of the road would be private.
Thanks.
WHAT DO I HAVE TO DO TO REVERSE QUICK CLAIM WHAT WOULD BE
THE FIRST THING I SHOULD DO.
THE FIRST THING I SHOULD DO.
Hi BERTHA,
Once a quitclaim deed is signed, it becomes very difficult to reverse the deed. The grantee will have to quitclaim the property back to you. If the grantee refuses to sign, then you'll have to prove that the transfer of property is invalid. You may also have to file a lawsuit in the court for that. I would suggest you to contact an attorney and take his opinion in this regard.
Once a quitclaim deed is signed, it becomes very difficult to reverse the deed. The grantee will have to quitclaim the property back to you. If the grantee refuses to sign, then you'll have to prove that the transfer of property is invalid. You may also have to file a lawsuit in the court for that. I would suggest you to contact an attorney and take his opinion in this regard.