(A) I.C. 8-20-1-15 requires roads to have 40 feet of right-of-way (as of 1962). Any road used for 20 years is as used. If a fence is put within the right-of-way, the county may lose that portion of right-of-way. Any encroaching fence owner should be given notice to remove back to 20 feet from road center.
(B) If the county has used right-of-way for over 20 years, then the county has that right-of-way by adverse possession.
Editor’s note:
This section is derived from an attorney’s letter dated 12-11-1985, relating to right-of-way as referenced in I.C. 8-20-1-15.