Old Rues Road trail access ends
U.F. vacates property after researching deeds
BY JANE MEGGITT Staff Writer

Equestrians and hikers will no longer have access to a trail off Chambers and Rues roads in Upper Freehold that they have used for many years.

The governing body unanimously decided to vacate what is commonly called Old Rues Road at its Dec. 4 meeting. The 650-foot-long road lies between lots 2.01, 3 and 4 in block 15 and lot 1 in block 16.02 on the township tax map.

Township Engineer Glenn Gerken said he did research on the road and reviewed documents furnished by Trident Abstract, Freehold. He said that Old Rues Road runs from Rues Road to Chambers Road to Tower Road.

Gerken's research showed the township never filed a road return and had no documented survey of the road's metes and bounds. Gerken went through the deeds of the adjacent properties and said only one referenced the old roadway. He said the old road is rutted with banks on both sides, and is inaccessible to automobiles. No gas, telephone or electric lines run through it, he said.

Gerken recommended that the township vacate the road, citing potential liability. He said it should have been vacated in 1988, when Rues Road was realigned. There is no deed in the county clerk's office that lists the township as owner, he said.

Ruth Mulvey said her family used the road for 26 years without opposition from adjoining landowners. She said she was told it was a public thoroughfare. Four years ago, when new landowners bought three adjacent properties, opposition to public use of the road began, she said.

Mulvey's husband Robert said, "It serves as a critical bypass around a dangerous section of Chambers Road."

Alice Bean, who has lived on Chambers Road for over 50 years, said the road was used during the American Revolution by the British baggage train.

"In keeping with plans adopted by Upper Freehold Township to preserve historic vistas and scenic sites, Old Rues Road is a perfect example of why this important historic public thoroughfare should be retained," she said.

Monica LaRue stated that township ordinances require all homes or buildable lots to have frontage on a township road. She alleged that the only frontage that block 16.02, lot 16.02 has is on Old Rues Road.

"This area has a large equine community in close proximity to the Assunpink [Wildlife Management Area], and safe access for horses and carriages should be important to us all," LaRue said.

LaRue added that she would like to see an ordinance that would make Old Rues Road the township's first passive recreation trail.

Rob Obusek told the committee he went through years of agony in order to improve a section of Harmony Hill Road where he owns property. He said these kind of legal questions could cause problems for property owners who go to sell their land and for legal expenses when the status is challenged in court. He supported keeping the trail open, but said that if the governing body decided to vacate the road, he would also like it to vacate Harmony Hill Road, which is an unpaved paper street.

Anthony Hataab asked the township to consider other alternatives to vacating the road. He asked that a deed restriction be implemented so that lot owners cannot build on the old road. Chambers Road resident Simon Kaufman, an attorney who has worked on open space issues for Millstone, agreed that there should be some sort of building restriction and suggested a 15-20-foot bridle path/pedestrian easement.

According to Erica Friedman, there are four to five accidents a year on the curve on Chambers Road. As a rider, she said losing access to Old Rues Road would make it dangerous to go to the Assunpink or Horse Park of New Jersey.

Robert Blackburn said he also rides his horses on the road, and volunteered to maintain the trail with his own tools.

Ed Stevens, Lucas Dey and Danielle Boyle are the landowners who claim the old road is on their property. All said their deeds list the old road as being part of their property.

"It's easy for people to say 'keep it open' but it literally runs through my front yard," Dey said.

Township Attorney Granville Michael Magee compared the ordinance to vacate to a quit-claim deed.

"Whatever rights you may have, you're relinquishing," he said.

Township Attorney Granville Magee said the governing body has no legal authority to determine the road's ownership. He said that while the road was undoubtedly used at one time, there is no indication the township ever stoned, paved or plowed it.

Committeeman Stanley Moslowski Jr. said that while the township has no evidence it ever owned the road, there are three people who have deeds stating it belongs to them.

Committeewoman Lori Horsnall Mount said, "If we don't have rights to the property, we don't have rights to the property."

After the unanimous vote to vacate the road, Mayor Steve Alexander made a motion to have 25 mph horse crossing signs in the area and to enlarge the right of way on Chambers and Rues Road to make it safer for horses and carriages. The motion passed unanimously.