Neighbor has elected to damage over 20 trees

[skipperbrown]

Personally, I think it would be much more productive to get a survey and get the boundary marked by marking trees or stringing wire (a fence) and be done with it. I used to live in your neck of the woods and people will strike back 10 fold if they think you have wronged them. I had property on the plateau and up there your neighbors would burn your woods over much less, especially non residents.

 

[boomer1025]

Since it's a shared road with traffic going both ways the road should be widen about 5 feet or more on each side.
At this point in time I wouldn't be in a big hurry to spend a lot of money on a lawyer. I'd get a load of mulch cover the tree roots and plant some crown vetch or wild flowers.

 

[mcfarmall]

Howdy,
You need to back off and sit tight. That 50ft right of way is spelled out.

"The covenants for the development state if any road work is to be done all the property owners need to be notified and come to a agreement for the work"

That would be something which all landowners would pay for. Say everyone agrees to 100 tons of gravel. 10 properties, 10 bills. That property owner is doing work and is not billing anyone. Truthfully, you should know that the entire 50ft right of way could be completely cleared without issue. Whether it is your trees or not is not of issue. Your lawyer should have already told you that. You might need to look for a different lawyer.

Tread lightly. 50ft right of way is a large area.

Saved the best answer for last! 50 foot ROW=sorry about your luck with the trees.

 

[Oldoak]

Howdy,
You need to back off and sit tight. That 50ft right of way is spelled out.

"The covenants for the development state if any road work is to be done all the property owners need to be notified and come to a agreement for the work"

That would be something which all landowners would pay for. Say everyone agrees to 100 tons of gravel. 10 properties, 10 bills. That property owner is doing work and is not billing anyone. Truthfully, you should know that the entire 50ft right of way could be completely cleared without issue. Whether it is your trees or not is not of issue. Your lawyer should have already told you that. You might need to look for a different lawyer.

Tread lightly. 50ft right of way is a large area.

:thumbsup:

Now that more "details" are known, particularly the 50' Right of Way.

 

[joecoin]

The ROW extends on both sides of the road. The offender should improve the ROW on HIS side of the road.

I'd spend every last dime fighting this yahoo. It's good to have life long enemies, keeps the juices flowing.

 

[JPRambo]

Is the center of existing road actually the center of the ROW?

 

[4get gto]

The township or county will tell you what the ROW is IF and WHEN they would decide to widen or improve the road. This jerkamo has no business doing what he's doing.

 

[4get gto]

Is the center of existing road actually the center of the ROW?

Our neck of woods is usually from center of road.

 

[Al 2]

If you are going to proceed, and some have suggested, you need to hire a Land Surveyor to do a current survey to define the limits the easement and take it from there. There may already be a defined easement on a plan but until it is surveyed by a LAND SURVEYOR , no one knows if the road is actually all or partly on the easement . On the other hand the right of way (ROW) may be described in other ways, one being 50 ft wide from A to B along the road or 25 ft each side of center line (C/L) of the existing road. You cannot rely on a consumer grade GPS, mapping options from the net or your cousin with his compass he got while in Boy Scouts for anything accurate in this situation. There is no use pointing fingers at tree stumps and trying to tell what side of the invisible line they are on. And don't waste any money on a title searching company. They can only tell you what's on paper. Not what's on the ground. Good luck.
Al

 

[747driver]

Personally, I think it would be much more productive to get a survey and get the boundary marked by marking trees or stringing wire (a fence) and be done with it. I used to live in your neck of the woods and people will strike back 10 fold if they think you have wronged them. I had property on the plateau and up there your neighbors would burn your woods over much less, especially non residents.

We are getting it surveyed in 2 weeks. He is a Floridian !