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Residents say quitclaim and new fencing have blocked Lock Haven access; county attorney says remedy is civil court
Summary
Public commenters told the commission that a 2023 abandonment/quitclaim left Lock Haven property owners without access and that a neighbor has placed logs and fence posts across the former roadway; the county attorney said the county had abandoned any interest and that affected owners may need to seek chancery court relief.
Residents of the Lock Haven subdivision told the Roane County Commission that a 2023 resolution and subsequent quitclaim deed have left several homeowners without legal access to their properties and that a neighboring lot owner has placed logs, fence posts and tall stakes across the recorded easement.
"My name is Shannon Rody. I live on Blue Road," said Shannon Rody during the public comment period, asking the commission and county attorney for help after neighbors ‘‘lost access to their properties’’ following the recorded action she identified as resolution 09231 (2023). HOA president Marlor described how parcels were combined on a quick-claim deed and said neighbors received certified letters and had fence lines and stakes installed that block the roadway.
County Attorney Mr. Leman told the commission he had reviewed the matter and explained the legal mechanics at issue. "A quit claim deed just basically says, 'I don't know if I own this or not. If I do happen to own it, now it's yours,'" he said, adding that when developers record subdivision plats in Tennessee they create two easements: one that allows the county to build a road and another that allows lot owners to use the roadway to access property. He said the county’s prior action abandoned any county interest and therefore the county does not currently own the roadway.
Mr. Leman advised that the remaining rights are private easements that affected lot owners can enforce through chancery court. He recommended the county change its practice and record an abandonment rather than executing quick-claim deeds in order to reduce future confusion.
Commissioners said they would have county attorneys review the earlier resolution and the related deeds to confirm the record and to determine whether any county action is appropriate. Several commissioners cautioned that undoing a recorded deed would likely require litigation and that, as Mr. Leman put it, the dispute presently appears to be a civil matter among private owners.
The commission did not take an immediate enforcement action; instead members requested a legal review of the 2023 resolution and related documents and directed staff to report back to the commission with findings and options.
Next steps: county attorneys will review the recorded resolution and quitclaim documents and inform the commission whether any administrative remedy is available short of private litigation.
