PAPER STREETS

New Fairfield, like many municipalities, contain roads that are approved by the Planning Commission as part of a subdivision but exist only on paper. The subdivision and the roads serving same are laid out in detail on a subdivision map which is then filed on the land records. The developer sells off a few lots and then, for a variety of reasons, the subdivision plan changes and the roads on the map are never built. A resubdivision occurs with changed street and lot lines and sold to the public. Problems? Yes, for both the purchasers of the lots from the original subdivision map and for the purchasers of any lots shown on the new map that encompass areas that were formerly designated as streets on the original map. The subsequent purchasers may hold title to their lots subject to the rights of the initial purchasers' right to pass over the streets as laid out on the original map, since the property was purchased in reliance on the development occurring in the manner depicted.

In Connecticut, the courts have held that where an owner of land causes a map to be made of it upon which are delineated separate lots and streets and highways by which access may be had to them, and then sells the lots, referring in his conveyances to the map, the lot owners acquire the right to have the streets and highways thereafter kept open for use in connection with their lands.

If you have questions about your rights to pass over paper streets or private roads, give us a call at 746-6656 or e-mail me at rsmith@attorneyrichardsmith.com

Richard A. Smith, Esq.
Attorney at Law

*Much of the information in this article is derived from a wonderful article written by attorneys Ellen L. Sostman of the Hartford Bar and Jonathon S. R. Anderson of the Stamford Bar as published in Volume 61 #6 of the Connecticut Bar Journal.