Under what conditions can a municipality claim a right of way?

A municipality can claim a right of way if it has maintained the way for a specified period, typically around 20 years, under the concept of adverse possession. This legal principle allows a municipality to establish a right of way through continuous and open use of the land without the permission of the landowner. By maintaining the way for a continuous period, the municipality demonstrates its intention to claim the land as a public right of way.

In this context, the specified period serves as a threshold that helps protect property rights while allowing public access to land that may otherwise be restricted. The long duration of maintenance not only shows the municipality's commitment to the roadway but also signals to other potential claimants that the way is being used for public benefit.

Other choices do not align with the principles governing right of way claims. Economic necessity or support from local residents does not automatically grant a municipality rights over a private road. Additionally, the establishment of a right of way by a private landowner typically confers certain rights to the owner rather than the municipality unless specific agreements or legal statutes are involved to justify the claim.