The town has a serious encroachment problem. Some of our alleys and streets are overgrown, closed off illegally by property owners or have had buildings built on them without the conveyance of the right-of-way to the adjoining property owner. There is no quit claim deed on file for any of this property.

§11-36-108. Encroachments not exceeding twenty-four inches - Quitclaim deed.

A municipal governing body, in its discretion, may execute and deliver to the owners of a building, business or religious institution a quitclaim deed to that part of the municipality's streets or alleys which have been inadvertently encroached by such building or institution under the following conditions:

1. The governing body finds that a residential building, business, or religious institution located in the municipality has inadvertently encroached not to exceed twenty-four (24) inches on a street or alley of the municipality by constructing a part of a building thereon, which encroachment is of such limited character as not to interfere with traffic on the street, alley, or on any sidewalk located thereon;

2. All the building facing the street are in substantial line with each other;

3. The encroachment has existed continuously for more than fifteen (15) years last past;

4. In the opinion of the governing body the encroachment does not interfere with traffic on the street, alley, or sidewalk; and

5. Payment is made to the municipality of an amount which the governing body finds to be a reasonable cash value of the property so conveyed.

This section shall not apply in cases of encroachments accomplished after May 27, 1975. Laws 1977, c. 256, § 36-108, eff. July 1, 1978.