Page 1 of 9 1234 ... LastLast
Results 1 to 10 of 81
  1. #1
    Gold Member
    Join Date
    Dec 2005
    Posts
    431
    Location
    Sierra Foothills
    Tractor
    2005 MT265B

    Default Let neighbor use my brand new road

    I plan to let my neighbor use the new road I just build going through my property. The neighbor wants to use it not because they don't have access to their property. It's because my road is a brand new, better road and a short-cut. I will continue to maintain this road because I have a tractor and enjoy doing it. Their property has access from the main road. However, it's not maintain and usually really bad after the rain. I would have to give my gate combination to her and she agree to keep it lock after each use. No charge of course....

    Big question is.... Will this cause me any problem later for being a nice guy? Will it automatically became an easement after a number of years? Should I write up an agreement and have her signed with the understanding that the priviledge to use my road can be revoke anytime. What type of agreement/language will protect me? My only concern is what if she sell her property later and the new owner assume they have a right to use my road. She bought the property below me for really really cheap because of it's difficult to access. I just spend over $20k on this road and I don't mind sharing it as long as it doesn't cause any trouble for me. I know I should consult an attorney... this may not be a big deal and I would like to hear what you think of it. I welcome your comments....

  2. #2
    Epic Contributor jinman's Avatar
    Join Date
    Feb 2001
    Posts
    20,948
    Location
    Texas - Wise County - Sunset
    Tractor
    NHTC45D, NH LB75B, Ford Jubilee

    Default Re: Let neighbor use my brand new road

    Charge her an annual fee of $1 for the use of the road. Write up an access agreement that says she uses the road at her own risk and that the contract can be revoked at any time by either party. Also make it only for one year at a time with a mandatory renewal. In the contract, be sure to list who can use the road. Will it be only the neighbor or will she be giving out your combination and permission to other people?

    ...on second thought...never mind. Go see a lawyer.
    Jim


  3. #3
    Super Member Bob_Skurka's Avatar
    Join Date
    Jul 2003
    Posts
    7,503

    Default Re: Let neighbor use my brand new road

    Quote Originally Posted by jinman
    Charge her an annual fee of $1 for the use of the road. Write up an access agreement that says she uses the road at her own risk and that the contract can be revoked at any time by either party. Also make it only for one year at a time with a mandatory renewal. In the contract, be sure to list who can use the road. Will it be only the neighbor or will she be giving out your combination and permission to other people?

    ...on second thought...never mind. Go see a lawyer.
    HUGE DITTO.

    If you do not do this, then she can claim a right to it over time. It will end up being a legal easement through your property if you do not do something like this.




    Snow Trac, the Swedish Snow Tractor, at Wikipedia
    Never insult a man with a bag of dog poop in one hand and a tennis racket in the other hand!

  4. #4
    Veteran Member mikim's Avatar
    Join Date
    Feb 2001
    Posts
    2,183
    Location
    Paige Texas
    Tractor
    NH TC45

    Default Re: Let neighbor use my brand new road

    How hard would it be to help her improve & maintain her own road? I wouldn't want anyone else having the combo to my gate -- it can get out too fast to too many -- I'd try to strike some kind of barter deal with her for you to use your tractor on her road.
    Mike


  5. #5
    Platinum Member
    Join Date
    Nov 2006
    Posts
    775
    Location
    Missouri
    Tractor
    Case DX45

    Default Re: Let neighbor use my brand new road

    I'd echo what Mike said. What about her guests/parties, etc? Will her road still be maintained? If not, yours quickly becomes the only accessable route. Helping her with her road would show just as much neighborly good will.

    jk

  6. #6
    Gold Member
    Join Date
    Dec 2005
    Posts
    431
    Location
    Sierra Foothills
    Tractor
    2005 MT265B

    Default Re: Let neighbor use my brand new road

    Quote Originally Posted by mikim
    How hard would it be to help her improve & maintain her own road? I wouldn't want anyone else having the combo to my gate -- it can get out too fast to too many -- I'd try to strike some kind of barter deal with her for you to use your tractor on her road.
    It's not hard but cost a lot of $$$. I spent a little over $20k on a grading contractor with the right equipment to cut my 1/3 mile of dirt road. Probably another $10k for gravel when I'm done with my water line. She has been living there for 7 years and always use the public road (not maintain by the county). Nobody wants to improve the public road. I don't mind letting her use my road and have the combo to my gate (I already gave it to all my neighbors below me for emergency short-cut exit in case there's a forest fire or something...)

    Anyone have an example of this type of agreement? I really don't want to spend the money to hire a lawyer to write the agreement.

  7. #7
    Elite Member WayneB's Avatar
    Join Date
    Oct 2006
    Posts
    2,610
    Location
    New Hampshire
    Tractor
    Kubota B-7500

    Default Re: Let neighbor use my brand new road

    I am not sure what the laws of California are regarding ingress and egress.

    Here in New Hampshire you can let someone ingress and egress without any written agreement. There normally isnít a time limit regarding right-of-passage where it is agreed that this is a privately own roadway. Bottom line being you own the land!

    One thing I would be extremely careful about is writing any agreement that indicates a right-of-way passage. Courts have a way of interpretation that some time in the future and might give them access across your property.

    I am a member of our local zoning board and just about every other month we have someone coming in claiming there is an old historical right-of-way across someoneís land that they wish to use to perform a development. Most of these are found not to be true and either are disregarded or end up going to court.

    What I am stating is your kindness might turn into a major problem for your family down the road after you have gone off to greener pastures.

    Here in New Hampshire, and this depends upon the township, we have 100 foot setbacks from any property line. If the roadway is outside the 100-foot setback it is your road. If the road is on the boundary line then it is possible for the road to be jointly own to the center of the road. This pertains to already developed roads. No new private roadways can fall within the 100 foot setback.

    You could write up a simple agreement and charge an annual fee of $1 (some believe this is binding, but I think the signatures (Make sure they are notarized) are proof enough) and have it state youare giving permission to cross your land per this agreement that must be renew every year. Include the starting and termination date.

    just my two cents

    Wayne

  8. #8
    Elite Member schmism's Avatar
    Join Date
    Jul 2006
    Posts
    4,829
    Location
    Peoria IL
    Tractor
    New holland TC(33)

    Default Re: Let neighbor use my brand new road

    I had this same issue with my neighbor at my new property... the area MY driveway sits on was not deaded to either of us (quite litterly no mans land)

    but i was insistent (and still am) that our neighbor NOT use my driveway to access there property. (dispite useing the first 50 feet regularly to park on there property close to there house)

    it was a touchy situation to try to tell them i dont want them useing my driveway they have for a year now (because no one lived in the property for that time)

    Luckly they are "nice" people also and we worked out a deal to split the area between us (you keep your half which you call your front yard, ill keep the area i call my driveway) in turn they wanted to put a NEW drive in next to mine on there side of the line.... I agreeded to help do that with my tractor.

    in the end everyone got what they wanted.... A fence will be goign in this spring...

    It should be noted that while we were working out the details of who gets what, there was a breif time when we discussed with the lawyer and our RLS about options. Our county no longer allowed dual use driveway's to be filed due to issues pertaining to "who's was it".
    Steve - TC33D 4x4 FEL, dual rear remotes with toys

  9. #9
    Bronze Member
    Join Date
    Jun 2006
    Posts
    63
    Location
    Whidbey Island, Wa
    Tractor
    JD 650 (sold) Kubota L45

    Default Re: Let neighbor use my brand new road

    I would really talk to a lawyer here.

    My Uncle-in-Law found out a few years ago that the land that they let a neighbor use ended up being binding due to some squaters rights clause.

  10. #10
    Veteran Member DUMBDOG's Avatar
    Join Date
    Jul 2002
    Posts
    1,068
    Location
    Central ND, Central FL
    Tractor
    NH 1630 W-7308 FEL/ Kubota L4630GSTC W-LA853 FEL WQ/A-CC 2544

    Default Re: Let neighbor use my brand new road

    Just look at the 48 pages of posts with the gory details from mdbarb from California and an easement and you will not let any one use your road again.

Page 1 of 9 1234 ... LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
© 2013 TractorByNet.com. TractorByNet is a registered trademark of IMC Digital Universe, Inc. Other trademarks on this page are the property of their respective owners.