Mars discusses folding paper street into properties
Divvying a paper street captured the attention of Mars Borough Council on Monday night.
A paper street is a street that appears on a map, but doesn't exist.
One such street lies between Arch Street and Lutheran Alley, neighboring a property owned by resident Bill Wolfe.
Wolfe told council Monday that he's hoping to have the question about how much of the street he owns resolved.
“I just need some direction,” Wolfe said.
The discussion dates to 1995. Borough solicitor Christopher Reese, of Lope Casker & Casker, explained that Wolfe's question comes down to a matter of feet: Does Wolfe own up to the edge of the paper street or to the middle of it?
The answer needs to be accurately reflected on the property deed for future property owners.
After the meeting, Reese explained paper streets are sometimes dissolved into the properties neighboring it on both sides.
In these situations, the property lines are moved to the middle of the projected street. Each owner then owns property up to the line.
Reese said the problem is that it's unclear how involved the borough is in this case.
“These are complicated property issues,” Reese said.
If the paper street ever was in existence — even as far back as the 1910s — the borough has to close it before ownership is discussed.
If the street never was opened, the borough wouldn't have a stake in it.
If it was opened, Reese said, the borough can go through the abandonment process to confirm it doesn't want to build a street.
“The borough has no interest in it,” Reese said.
Still, Reese doesn't think that solves the question of who owns the street area.
“Whoever owned that beforehand might have the ownership,” Reese said. “Or they may have the right (to it).”
There are a number of ways the property-line question can be resolved, according to Reese.
If the property owners involved agree to split the paper street from the center line, it may be as simple as filing for quiet title action.
Before any steps are taken, the borough needs to determine whether it has any claim to the paper street.
At this time, Reese doesn't believe the borough has the power to decide where the property line falls.
Reese said he'd look into the situation to confirm his understanding of it before advising council.
