VA-ROOTS Archives

March 2008

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From:
Paul Drake <[log in to unmask]>
Reply To:
Paul Drake <[log in to unmask]>
Date:
Tue, 4 Mar 2008 19:59:41 -0600
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To add a bit to the road questions, from my reading of diaries, personal and
court records over many years, I feel safe in suggesting that the law
requiring such road work was not always as practiced.  Such disparity
between written and practiced law was (and is) not atall uncommon.

That said, it would seem that any landowner who failed to perform what the
law prescribed and what the community considered to be his share, came under
MUCH outspoken criticism from his neighbors (and his parish).  Then too,
where the path or intended road served for the most part to the benefit of
only the landowner or where such a path/road connected that owner from
within his own tract to a "common road", even if that road led to a wharf or
ford that might later be convenient to several folks, that owner often would
not gain assistance from the county.  

That situation may commonly be found today where a county or city will not
accept a proposed dedication by a developer of a road serving a new
development.  By so accepting such a dedication, the political subdivision
(city or county) assumed responsibility for the maintenance and repairs of
that "new" road.  In return for that acceptance of responsibility, the
dedicating parties no longer could claim any measure of exclusivity.
Further, thereafter the dedicating landowner is/was not permitted to fence
in or block that road to whatever traffic was contemplated at the time of
the dedication. 

Paul
www.DrakesBooks.com  

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