When does a public road become private?

Answer 1

A private road can become a public road when all the abutters of the road petition the town to accept the road. Once it has been accepted by the town it becomes a public road and the town will be responsible for maintenance. It can be a lengthy and expensive process. You can get more

information at your local town offices.

In the case of new roads in a subdivision, the developer can convey the fee to the streets or an easement of wayin the streets to the town making them public ways.

Answer 2

This is a complicated issue and the law varies in different jurisdictions. Research usually needs to be done on a case by case basis. Public roads are not usually transformed into private roads because when the state or town abandons a road the reason is that it is no longer used.

Briefly, the government entity with control over the road must officially abandon it in the public records. Generally, the road is abandoned to title holders in descending order. For example, a state road must be abandoned to the county (if there is county government), and the county abandons it to the town. If the road is no longer used, the town can abandon it to the abutters. By that process (generally) the fee to the land reverts to the landowners on each side up to the center line of the road. It is not converted to a private road.

To determine the process in your jurisdiction you would need to consult with an attorney who is familiar with real estate law.