When a town abandons a road can adjacent landowners annex the property?

Answer:

The status of the property after abandonment may depend on the type of road. Most town roads are highways by use which means the adjacent land owner already owns the land. Abandonment in this case falls under Highway Law 205. The town no longer has a road right of way. The title and any right of way would revert back to the person who has a “reversionary interest” in the property. This is usually the abutting land owner.

Alternatively, the town may own the land and the road is not abandoned, but discontinued. It would still be town owned property at that point and the board may dispose of it back to the adjacent land owner. In some cases this may occur automatically, but there are specific laws that must be followed.

There is a lot more detail about this issue in our Powers and Duties workshop manual and a book prepared by the Association of Towns of the State of NY on the Office of Superintendent of Highways which is know as the “Red Book.” Here is a link to our workbook and how to obtain the Red Book.

Powers and Duties of Local Highway Officials (pdf), NYS LTAP Center - Cornell Local Roads Program

The ‘Red Book,’ officially The Office of Town Highway Superintendent (2017), is published by Association of Towns of the State of New York and can be purchased from them.
Visit their website or you can call 518-465- 7933.
Order form (pdf)