Neighbor has elected to damage over 20 trees

[747driver]

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.

The county has no road jurisdiction for private developments.

 

[MossRoad]

In the big picture of things, it's not worth the fight. You'll loose even if you win, and from the sound of what you said, even though it's your property, he has the right to travel over it. In all reality, all of you should just go out there, measure 25' from either side of the center line the full length of the road, hire a dozer and level a 50' wide path. Plant it with grass and maintain a road down the center. Done. One year of grief and the rest of your life to live in peace. Or at the least mark it, then fence in at the 25' mark on each side. If he wants to spend his summers cutting trees within the R.O.W., let him, with the undrstadning he'll be charged for any road repairs that come up due to his negligence.

Once you get the lawyers involved, he'll get his, you'll be out your lawyer fees, you'll have to pay his lawyer fees, and you'll end up paying pain and suffering to him because his wife will be stressed out.

Go read that thread the the link was posted to. You'll be amazed that the guy lost his case and got hosed financially. That's what's gonna happen to you since there's a right of way. You're screwed if you fight it.

 

[Jstpssng]

As everyone else has said, the 50 ROW changes things... and your lawyer should have pointed that out at the very beginning. The only other consideration though is that his is not an exclusive right as there are 8 other landowners; unless they all agree, then he is still in the wrong. What if they all wanted a nice quaint 12' road?

 

[747driver]

The neighbor started this project before we owned the property he has damaged. But since we took ownership on April 30th he has continued to clear the land. By legal rights the dirt and rock he took off should have been put on said owners property, not hauled off and put on his property.

The ROW is based from the center of the road. So 25 ft on each side of the road, measured from the center of existing road. The land he has cleared is on our ROW property not his.

With all the help here I think it has come down on how the ROW will be determined !

 

[fried1765]

So now I ask....just because there is a 50' ROW you have the right to do anything you wish within that 50' ? Even though your property is part of that 50'ROW ?

A ROW means that others have the RIGHT to use the 50' wide strip of property.
An ROW, is by definition, a SHARED USE piece of property.
Probably the tree damage offender should have first requested permission from the other homeowners, but this is NOT an offense against YOU!
So... you dislike the guy,.....I understand that,.....but this is NOT a battle that YOU can, or should, win.

 

[fried1765]

The neighbor started this project before we owned the property he has damaged. But since we took ownership on April 30th he has continued to clear the land. By legal rights the dirt and rock he took off should have been put on said owners property, not hauled off and put on his property.

The ROW is based from the center of the road. So 25 ft on each side of the road, measured from the center of existing road. The land he has cleared is on our ROW property not his.

With all the help here I think it has come down on how the ROW will be determined !

Without a survey, how can you know where the ACTUAL center of the ROW is?
It is VERY rare that the actual traveled surface is precisely in the center of a ROW throughout it's entire length.
Your first order of business should be to hire a surveyor to determine EXACTLY where the ROW lies, as it crosses your property.
With proper side line definition, you can erect a fence precisely on the side line.
The surveyor can stake the side line of the ROW, at your property, while simultaneously driving a stake deeply into your wallet.

 

[747driver]

A ROW means that others have the RIGHT to use the 50' wide strip of property.
An ROW, is by definition, a SHARED USE piece of property.
Probably the tree damage offender should have first requested permission from the other homeowners, but this is NOT an offense against YOU!
So... you dislike the guy,.....I understand that,.....but this is NOT a battle that YOU can, or should, win.

I am afraid you are right ! Hard pill to swallow that someone can take your land and then put it on their land for their own good because they are to cheap to pay for a couple loads of dirt. I want to see what the lawyers take is on the use of ROW on your own property. He took it upon himself to take the dirt without asking anyone.....

 

[plowhog]

It's good to have life long enemies, keeps the juices flowing.

I'd like to introduce you to a few people I know.

 

[plowhog]

The neighbor started this project before we owned the property he has damaged. But since we took ownership on April 30th he has continued to clear the land.

More nuggets emerging. So you *knew* this was underway yet chose to close escrow and purchase the property anyway? If so your case and claim (for damages) just got weaker.

Why not hire a dozer, clear the ROW in the manner that you want, and take all the dirt and rocks you want? If you are going to spend money, at least this would let you get something back in return-- presuming you have a use for such dirt and rocks.

Shared roads, ROW, road easements, and road maintenance agreements are minefields full of trouble. There was a property recently on the market in my area-- a few acres of bare land for $500k. It was on a private road, and all the other neighbors hated this owner. When I looked at the parcel I was told (by a neighbor) I could not have any access using that road. No access= you can't get to it. btw that neighbor was an attorney.

So I moved on and looked elsewhere.

 

[Wsmitty]

This is a link to a TBN conversation about easements that took almost a decade to resolve, and in the end, the TBNer lost the case, and if I remember right, over hundred thousand dollars, https://www.tractorbynet.com/forums/rural-living/14251-help-i-need-legal-advice.html

My take on the previous links was that the TBNer was in the right, but in the end, it cost him quite a bit of money and almost a decade of his life dealing with the situation.

He actually was slapped with a judgement for $420,000 (for mental anguish his neighbor suffered!) as well as having the easement case, which he won initially, overturned in the neighbors favor. He managed to keep his house but pretty much lost everything else and will likely be in debt for the rest of his life. All for trying to exercise his property rights.

Definitely tread lightly.