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How to regain our half of an abandoned railroad right of way
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back.forty
Posted 4/16/2018 23:30 (#6714624 - in reply to #6714561)
Subject: RE: How to regain our half of an abandoned railroad right of way


SE Ia
If your neighbor has been farming it since 1936 it might be difficult to make a claim on half. On the other hand if the middle breaks at a section, quarter or 40 line it would seem to me you might have a good claim on the ground on your side of the break. But I have seen fence lines in the wrong place and it’s hard, even after they are surveyed, to adjust the property line without both parties agreeing to adjusting the line the fence established as the historical property line.

Maybe you can find a historical record about the railroad that might lead you to a copy of the instrument that conveyed the right of way to the railroad. Maybe it was covered in some newspaper or journal that might give you some direction.

If you can convince your neighbor that the property line should be the middle, you and your neighbor could quiet the title like another poster suggested.

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