Neighbor has elected to damage over 20 trees

[747driver]

Did you get permission from ALL the other land owners to do that?
How about permission from them ALL to plow the snow?

Sounds like if it is something YOU want done then it is ok for YOU to do it but not him.

Really.....its only when you want to alter or add to the existing road, you have to notify the other owners. Sure I could send a bill for the stone I bought and my time for grading on the Existing road but I don't as it would be like trying to get blood out of a turnip.

 

[747driver]

"He bought a cabin next to him", are you saying he lives near the entrance but bought the cabin near you? If yes, he has a right to egress back to it. If not, most easements only allow for folks to use the roadway to get to their home and no further.

The same folks that at the front, want us to drive 5 mph, have kids with mini bikes. They drive full speed all the way back to our place. Their right to egress does not grant them access back to our place.

In any case, if the dirt is not graded beside the road, trees will grow there! If someone wanted to have a full two lane road back to their home, stayed within the 50 ft ROW and paid for it, it would be within their rights.

NO....He bought the 'cabin' property which is next to his property where his house is.

 

[747driver]

Hmm at post #168 a new nugget emerges that he owns multiple properties on this road. Where are his two properties in relation to the work he is doing? Adjacent? In-between?

The 2 properties are next to each other across the road from our property.

 

[747driver]

Apparently you only need 51 percent or better approval not 100 percent like he first said. 5 plus himself reaches that. If the neighbor owns 2 places maybe he gets to vote twice.

You get one vote for each parcel of property you own. So if you own 5 parcels you get 5 votes.

 

[4570Man]

You get one vote for each parcel of property you own. So if you own 5 parcels you get 5 votes.

So neighbor only had to get 4 other votes?

 

[747driver]

So neighbor only had to get 4 other votes?

The neighbor has not requested to all the property owners his desire to alter the road. Hence nothing to vote on. There are 16 parcels in the development.

 

[4570Man]

We started out with 10. This thread it like trying to get a straight story out of three 7 year olds that just stole a bag of candy.

 

[goeduck]

He hauled away dirt, rocks and large weeds while cleaning up the roadside. I certainly would not spend money on a lawyer and throw away good money over dirt and rocks. I’d buy him a gift certificate at the local steakhouse.

 

[two_bit_score]

Apparently you only need 51 percent or better approval not 100 percent like he first said. 5 plus himself reaches that. If the neighbor owns 2 places maybe he gets to vote twice.

Ok. Not sure where that came out. Has anyone actually posted the exact wording from the deed regarding to road maintenance covenant?

.

 

[Silvic]

Some easements grant each owner further up the road the right of access over the property before theirs but not necessarily the road beyond their property. Others give all owners complete easement over the entire road length. You have to read the easement language.

For example if you have an easement in which the properties are sequential in line say A through D. If A grants an easement to owners B,C,D for passage through A's property and B grants C&D passage thorough B's property and C grants passage to D through C's property that does not legally give A the right of easement through B, C and D property and B does not have an easement through C and D property.
It all depends upon how the easement document is written.

The other interesting conundrum is if the easement states that each owner shall pay a "prorata portion" instead of "equal shares" of the maintenance of the easement that can be calculated several ways. (at least in my part of the country) If there are 8 owners then the first property section of road maintenance is split 8 ways (1/8 share). The next section only has 7 users thus those costs are split 7 ways (1/7 share) and so on. (1/6; 1/5; 1/4; 1/3; 1/2; full cost.)

The other method that can be used with that same language is by the proportion of the acreage that is served. Depends upon what the standard is of the company that wrote the easement (yes it gets messy to determine intent)
If there entire ownership served is say 160 acres but the breakdown is 10/50/40/20/20/20 acres with the prorata calculation then for the first section of road the shares wold be 10/160, 50/160, 40/160 and then 20/160 each for the last 3 owners. The next section would be split 50/150, 40/150 and 20/150 each for the last three owners. Then 40/100, and then 20/100 for each of the last three owners. It can involve multiple calculations and does get messy at times. The guy at the beginning does not want to pay for road maintenance for a 2 mile road he never uses. The guy at the end wants everyone to pay equal share because he wants to spread the pain due to the fact he is at the end of a 2 mile road and uses the full road and thus has more cost for repairs.

ALWAYS READ THE EASEMENT DOCUMENTS AND UNDERSTAND THEM