Neighbor has elected to damage over 20 trees

[747driver]

What do you mean by "The land he has cleared is on our ROW property not his."?

He lives across the road. Where he widen it in the ROW is on our ROW property. He took the dirt and put it on his property instead of putting it on our property.

 

[two_bit_score]

He lives across the road. Where he widen it in the ROW is on our ROW property. He took the dirt and put it on his property instead of putting it on our property.

Well, there you go! He clearly stole the dirt! Sic 'em Tiger!

:laughing::laughing:


It's hard to let it go, right?


.

 

[Dftodd]

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 flowixng.

Usually a right of way is measured from the center of the road. So if there is a 50ft Right of way, then it extends 25 ft each direction from the center. This is with existing roads. If he just added a road in, then the person needs to know exactly where the right of way is. Center may run down a property line, or it might start at a property line and extend 50ft in one direction.

All parties need to know where it actually is, and it should show on a plot map

Neighbors at the end of the street have a right of way right of way for some property owned by a third party behind them. Center of the right of way was on the property line for party 1 and 2's property. They each lost 25' of property to that right of way. There was some hurt feelings and a court battle before everything was said and done when party 3 decided to start using the ROW.

That right of way was shown on the original plot map that every land owner got for the neighborhood. And was actually very easy to find. All it took was measuring from the outside property pins for party 1 and 2's property.

 

[plowhog]

Just took the neighbor's word for it without looking deeper into it? Maybe that neighbor wanted the property for their self? I would have at least investigated to see whether or not an easement/R.O.W. was written into the property deed or not.

There is a substantial amount of detail in addition to what I posted. Yes the neighbor was trying to leverage their position. The senior planner at the County gave me a good description of the litigation on this property that preceded my offer to purchase. And on and on. I likely could have prevailed to get access on that road. And I likely would have spent $100k+ over many years in court to get there. With probably no collection of attorney fees. So ..... I moved on. And found a better property without any warts.

 

[boomer1025]

He lives across the road. Where he widen it in the ROW is on our ROW property. He took the dirt and put it on his property instead of putting it on our property.

I wouldn't worry about the dirt he took, think of it as payment for his time and expense to widen the road and make it safer.

Looking at your pictures again I see a turn/curve in the road not far from where he was working, and there should be a lot more trees removed and the road widened for safety. If you don't want him doing it, then do it yourself.

Man that reminds me of some of the old township roads around here, just hope you didn't meet someone coming the other way going around a turn and when you did just hope you could get stopped or there was just enough room to pass.

 

[Oldoak]

There is a substantial amount of detail in addition to what I posted. Yes the neighbor was trying to leverage their position. The senior planner at the County gave me a good description of the litigation on this property that preceded my offer to purchase. And on and on. I likely could have prevailed to get access on that road. And I likely would have spent $100k+ over many years in court to get there. With probably no collection of attorney fees. So ..... I moved on. And found a better property without any warts.

OK, that explains it and paints a much clearer picture.

As always the case with internet forums, a couple of short blurbs leaves out quite a bit of details unlike a phone or face to face conversation.

 

[747driver]

I wouldn't worry about the dirt he took, think of it as payment for his time and expense to widen the road and make it safer.

Looking at your pictures again I see a turn/curve in the road not far from where he was working, and there should be a lot more trees removed and the road widened for safety. If you don't want him doing it, then do it yourself.
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Man that reminds me of some of the old township roads around here, just hope you didn't meet someone coming the other way going around a turn and when you did just hope you could get stopped or there was just enough room to pass.

There are many one lane private roads here in the mountains, its just a way of life. The road beyond the pictures is actually 20 ft wide, with a 30' turnout in the curve section also if you meet someone coming the other way ! The road is plenty safe and has been like this for 26 years. No issues until this new neighbor moved in. They are from the big city and want to bring their city ways to the mountains.

 

[747driver]

Usually a right of way is measured from the center of the road. So if there is a 50ft Right of way, then it extends 25 ft each direction from the center. This is with existing roads. If he just added a road in, then the person needs to know exactly where the right of way is. Center may run down a property line, or it might start at a property line and extend 50ft in one direction.

All parties need to know where it actually is, and it should show on a plot map

Neighbors at the end of the street have a right of way right of way for some property owned by a third party behind them. Center of the right of way was on the property line for party 1 and 2's property. They each lost 25' of property to that right of way. There was some hurt feelings and a court battle before everything was said and done when party 3 decided to start using the ROW.

That right of way was shown on the original plot map that every land owner got for the neighborhood. And was actually very easy to find. All it took was measuring from the outside property pins for party 1 and 2's property.

Going to get the surveyor when he comes for the new property to also set makers for the ROW points. You are correct, that the road can run anywhere within the 50' ROW.

 

[Streetcar]

Private streets in ohio are on easements not right of ways. Right of way allows everyone to use, easement limit who can use property. Frequently roads are not centered on right of way or easement

 

[747driver]

Well, there you go! He clearly stole the dirt! Sic 'em Tiger!

:laughing::laughing:


It's hard to let it go, right?


.

We lived in Beaumont for 13 years back in the 70s ! Yes, its hard to swallow but at least all of you have educated me on the ROW issue.