A right of way does not automatically transfer ownership. A fee simple ownership is not transferred because of a right of way.
An example here in Moultonborough occurred when the town cut some trees in their right of way and kept the lumber. The town was required to return the lumber, as it was pointed out, the lumber belongs to the owner of the land, notwithstanding the right of way.
A good point is made and a possible "fly in the ointment":
Quote:
The state originally took land for the railroad at a time of very poor record keeping. When the railroad was discontinued some of the land was sold to the town which kept some and sold some. Some of the RR land became Rt 11.
|
If former railroad property is at issue, then here's an article that might be apropos:
Quote:
It is unfortunate but true that the term “right of way” seldom controls in disputes over railroad rights. Judges across the country concede that the term has been overworked to the point where it has no real significance in determining the right created. Courts consistently look to the surrounding circumstances of the case to determine whether the rail company took ownership of the strip of land or merely purchased a limited right to operate a rail line over the area described.
|
https://www.pobonline.com/articles/1...cial-attention