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Board and applicant debate 50-foot right-of-way and easement access
Summary
Board members and staff questioned an applicant about a 50-foot right-of-way that deeds reserve for highway purposes, noted five lots currently use the easement, and found no recorded road maintenance agreement in the title report.
Board members spent substantial time reviewing deed language and easement access after the applicant presented revised plans. The Chair read deed language indicating a 50-foot right-of-way "reserved for highway purposes" and questioned the applicant about conflicting width figures (applicant referenced 17–18 feet). The Clerk and staff noted that five lots currently use the easement and that the applicant's title report did not show a recorded road maintenance agreement.
The Chair said that "we have a right of way over that 50 foot path," and later emphasized that deeds recite the 50-foot strip for highway use. A staff member clarified that "The 50 foot right of way is recited to his deed as well" and described the easement as nonexclusive, meaning other users on the road retain access. The applicant acknowledged the absence of a recorded maintenance agreement when asked by staff.
Board members asked the applicant to investigate deed language and title details before the board will act further; staff also flagged that the absence of a road maintenance agreement left unresolved questions about who is responsible for repairs and upkeep.
