Private road wars and speed bumps

[Paddy]

No doubt, "can't we all get along". But at the end of the day it makes no sense to drive 5mph for 1.2 mi for a occasional chance kids are out. We need to have a meeting getting feed back from all concerned. No one will get 100% what they want, you can't be good parents and let your kids play next to a road where a delivery truck can and will come down the road. But also, no one should be driving 40mph. I feel 20 mph in the tightly built area is good. And I have no problem with a speed bump "designed" for 20 mph limiting. Not some home made, drag gravel making a ditch on either side. There needs to be signs stating "speed bumps ahead" as well or the HOA will be buy car repairs.

 

[dave1949]

We have private Road Associations in Maine. They have good support under state law and are common.

The private road I lived on was not an easement, it was not included in anyone's property. The deeds said all who owned land (home built on it or not) accessed by the road had an equal interest in the road. Our Road Association dealt with upkeep and snow plowing. We had an annual meeting to discuss any issues and set the budget that was hosted by someone on the road with potluck snacks.

Maybe there is something similar in IN.

 

[CalG]

I've seen all those kids games, but it was in fields or on someone's land. I was taught streets were for vehicles and we needed to BE CAREFUL if we crossed one!
I think if you have a speeder, you should deal with the speeder. Chances are he/she speeds on other streets.
I still don't get the "children at play" posted in a vehicle street. What's that tell everyone? You don't really care if an elderly person is crossing the street? Does it mean if you, as the parent, don't teach your kids to be careful in a street, it's not your fault, it's the motorists fault?
Again, deal with the speeder, and the kids in the street. Why punish all the other drivers?

I grew up playing in the streets! They were OK when people in cars where humans.

Consideration! Whenb you drive a car, the "cage" tends to build isolation and indifference.

Get OUT of that seperation, Kids are INNOCENT!

 

[CalG]

Dust3030,

The bump builder clearly states, it's because of the children. In the 5 years the child has been on the planet, I've seen her once. They have a 6' tall stockade fence around the house including the front. I don't think they are going to get any believers. Then to define speeding? What is excessive on a 1.2 mi long road? 25 mph, 20 mph? 15mph?

I'm in the camp, be mindful of your neighbors regardless if it's dust or children. But if it's rainy and the kids are at school? Also, some have to take into account there own actions, like building a house 20' from a gravel road. I have never left my kids run that close to a road, it's dangerous. We can all be respectful but when the new UPS driver zooms down the road making time, it's time parents be parents and keep your kids under your watchful eye, or behind that 3' chain link fence. I see it all the time, people let there dogs run and it's the drivers fault when its hit by a car and the live 50 ' from the road.

Just for yuks, turn the table. How will you feel when your idea of acceptable speed results in a bad situation?, Even a loss of life?

That would be hard to take. No "justification" will reverse the pain you will feel.

Slow down. What is your hurry? Enjoy life!

Seems to be two sides to every issue
Speed bumps on private road / easement? - WORLD Law Direct Forums

 

[Jstpssng]

We have private Road Associations in Maine. They have good support under state law and are common.

The private road I lived on was not an easement, it was not included in anyone's property. The deeds said all who owned land (home built on it or not) accessed by the road had an equal interest in the road. Our Road Association dealt with upkeep and snow plowing. We had an annual meeting to discuss any issues and set the budget that was hosted by someone on the road with potluck snacks.

Maybe there is something similar in IN.

That requires people to respect each other... unfortunately too many people aren't born with that bone.
I've always had a heavy foot; my driving record won't allow me to deny it. Yet in residential areas I always slow down... laws be damned, there are simply too many people sharing the same space in that acreage.

 

[dave1949]

That requires people to respect each other... unfortunately too many people aren't born with that bone.
I've always had a heavy foot; my driving record won't allow me to deny it. Yet in residential areas I always slow down... laws be damned, there are simply too many people sharing the same space in that acreage.

We only had one person who owned an empty lot on the road and didn't think they should have to contribute to road upkeep. Fact is though, it costs road money to get past that lot, so they should contribute. Under Maine law, that "equal interest" wording combined with a chartered Road Assoc. means you can compel people to pay their fair share, including the ability to put a lien on their property for non-payment.

Our driveway was the first on the private road and only about 100' from the town road. You do get all the road traffic if you are first and it diminishes as you go further, assuming a dead end. On the other hand the road condition is not very important if you are near the town road. The costs were made proportional to the distance of the road used. I thought that was fair enough.

 

[byronlj]

My property is at the beginning of a road created for a utility easement. Only 10' wide and all on my property. Our neighbors can not agree to a road maintenance agreement so I improve the road on my own property by myself. I am considering a speed bump because my road is in good shape so all the neighbors speed up it as if it were a county road. If I caught someone with a tractor altering that section of the road, there would be a price to pay.
The only proper solution for these shared roads is a maintenance agreement signed by all parties.
Dave

 

[paulharvey]

Here in Florida, what people think of as "private roads" are often really "non-maintained county road". That's important because the county actually owns the 20-50 ft the road lays in, but that's the limit of there responsibility. They will not maintain in, but it is owned by them. I went out to a call south of Ocala where someone had set a gate across a "private road"... it wasn't their property to block, so after several failed attempts to contact the person who did it, we had the road department remove it, and applied the bill to annual property tax.
The speed bump would probably be a hard sell, but you physically destroying the work of some of else might also be a very long shot from a legal perspective. If you want the "right" answer; you probably should have sued them, and let a judge order the bump removed if he was in the wrong. I don't mean to be over legal at all, just saying what the "text book" answer would be.

These private owned or privately maintained road are often a problem because what one person thinks is helping often is seen by others as a problem. Take the guy who decides to grade the road with his tractor and box blade, but really as often as not just makes a terrible mess.

 

[jaotguy]

one last kick at the can ... have a "community meeting to discuss road problems and concerns"

have every one air their concerns and try to get most to agree to a speed limit ( and post it ) and the rest to stop putting up bumps /etc ....
send everyone a letter on the agreements then POST the speed limit ...

If someone ignores the limit , then the committee should go have a talk with them ( same for the bump people )

if all of this fails , it's time to get out the real legal people ($$$$) and go the "legal" route to settle things ...

BTW , if the road is no longer repaired or maintained or plowed, it will become a self correcting problem .

 

[DarkBlack]

Personally, I think speed bumps are the most primitive, disruptive, last resort methods to speed control.
They wear everyone's vehicles, waste fuel and brakes for a momentary extreme speed change, and punish all the innocent drivers.