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Solicitor advises survey, recommends private-lane approach for Elm Lane dispute
Summary
Solicitor Samantha Craley told Council that the 1971 right-of-way description for E. Elm Lane may not match the present cartway and recommended surveying and treating the route as a private lane, leaving maintenance to property owners.
Solicitor Samantha Craley reviewed a long-running dispute concerning E. Elm Lane, which an ordinance in 1971 described as a 16-foot right-of-way. Craley told Council she believes the physical cartway currently in use is not within the 16-foot right-of-way shown in the ordinance, and highlighted Borough Code restrictions on vacating streets that have not been opened for 21 years or that serve as sole access to residences. She recommended conducting a professional survey and considering a written agreement acknowledging that the Borough has no right, title or interest in the cartway and that property owners would maintain it as a private lane.
Craley emphasized that vacating the right-of-way would be of little practical effect unless property owners consent, and the Borough will not proceed without the landowners’ agreement. Resident Derek Eveler, present at the meeting, was advised to consult with his attorney and speak with other landowners; Council took no immediate action to vacate or change Elm Lane’s status.
