Tag Archives: common law

Sleeping Roads, Ancient Highways, and Paper Towns

What’s the significance of names on a map?  Do they register roads that belong to the territory or only reflect continued use?  What sort of authority does a mapped road, byway, or highway retain in common law–and for how long must it be recognized as a road?  The existence of place-names and routes on a map have become an increasingly contested way to preserve a sense of place, and the survival of the “sleeping roads” of Vermont, the “Class 4” roads that are not maintained by towns, even if some receive some limited maintenance, suggest a historical network of the past, still partly visible and indeed rarely used.

The survival of these sleeping roads are.threatened in an age of the division of the long predominantly rural state, as a  market of construction threatens to obscure local knowledge and a long-valued sense of place.  The deep sense of injustice in the prospect of loosing the legal status of “ancient” and long-pathways preserved in records of in local townships face possible obliteration in the legal memory as such unpaved roads–often more tacitly known than still used for commerce–are going to be reclassified.  Indeed, as the state’s legislature has decided to reclassify common law roads to homogenize property records across the state, the outburst of local mapping seems not an act of antiquarian obscurantism, but a defense of local knowledge in an age of globalism and satellite mapping, where few of the older roads might appear from the sort of satellite-based mapping systems on which we increasingly depend.  While many of the “class 4” roads might be sought out by Mountain Bikers, eager for off-road experiences, or back roads where they can snake around mountain farms, but only maintained if deemed necessary for the public good.

The plan for a massive reclassification of “ancient” highways on the books but actually dormant in much of the state of Vermont may be a pro-development land grab, but suggests that the struggle for designating once common lands as private property (and resistance to it) are waged on maps.  The recent promise to reclassify registered but unnamed byways in the state–a mass of roads which were at one time used or previously surveyed as common-law byways, but have since fallen out of use to different degrees–has unintentionally generated a set of local storms about public memory.  In a state where many current town roads remain unpaved, and many more have faded into the largely forested landscape.  The drive to reclassify the diversity of unpaved roads and common law byways once preserved in local jurisdictions reveals the rise of property development for whom the retention of old spatial classifications obfuscates the exchange of private lands.

The local resistance to such a reclassification of roads in the rural state, which has attracted its share of fierce defenders of the local rights of communities long granted precedents to federal or state law, make the proposed elimination of “Ancient Highways” from local law a matter of contention.  The proposed reclassification of a multiplicity of roads poses a problem of having ceased to reflect the sort of use of landscape that developers want to encourage and private home-owners want to ensure.  Given the shifting nature of land use in Vermont, where older houses are increasingly on the market, as smaller agricultural farms close and die out, a premium has developed for the clear definition of ownership without any liens or qualifications.  Hence the increasing tensions between local municipalities in the state and any move by state government to abolish roads they long oversaw.  In a sense, the increased interest in helping demand for fungible residential properties that can be sold without qualification have run up against the multiplicity of roads that have continued to remain on the books.

As the real estate market in Vermont seems poised to heat up in much of the state, and smaller towns face a demand for brisk sales and a large pool of properties arrive on the market, the state seeks to remove any obstacles to development or become notorious for arcane property laws, remapping the “ancient” roads of Vermont opts to treat them as ancient, and, far more than unpaved, not part of its future landscape.  Yet the quilt of county regulations of roads that existed for most of the eighteenth century and was retained in most local maps before World War II reflected a local landscape of counties and townships rarely challenged before the arrival of interstate federal highways across the state during the 1970s, erasing the varied paths, trails, and common-law roads, long overseen by local city Selectboards and regarded as parts of the local landscape.

 

A Quilt of Counties

 

Continue reading

Leave a comment

Filed under engraved maps, GIS, GoogleMaps, Vermont