Neighbor has elected to damage over 20 trees

[two_bit_score]

Covenants say...ROAD MAINTENANCE. The cost of the road maintenance shall be prorated between all property owners in the subdivision. The extent of road maintenance and/or improvements shall be determined by a majority of the subdivision property owners.

This is in everyone's Deed.

This also doesn't say how the expense will be 'equally' divided. Will each property owner pay an equal amount as an individual owner or, to go back to your vote per parcel concept, will you have to pay an amount per parcel?

 

[wagne223]

Is this the full extent of what it says? It doesn't specify that every parcel has a vote. So how do you get that an individual who owns more than one parcel gets a vote for every parcel he owns?

.

That had to be written by one of the property owners. That document is not worth the paper it is written on.
No use guidelines, no specific management or maintenance of the road and ROW, no fee, cost or payment schedule. Nothing saying property owners cannot use the ROW materials for private use!

This is why this thread exists.

 

[k0ua]

The more this thread goes on, the weaker the case is IMO.

Yes I did read. Lets spell out the facts and see if I have them right.

1. There is a 50' ROW and he is operating within that 50'
2. He started this work before you even owned the property.
3. All neighbors are supposed to share in the cost of road improvements.
4. All neighbors are supposed to agree on the road improvements.
5. Only YOU and this neighbor in question live there full time.

So again, as i see it....he started BEFORE you owned property. Might I ask who owned it before???

No other property owners even live there fulltime..So it sounds as if you are the only one he has regular contact with. And clearly after you bought the property, and confronted him....you were well aware of what he was doing.

Have you talked to the other 8 or so property owners??? What is their consensus? Perhaps this guy already talked to them?? Maybe not??

Edit: Based on the previous reply you made while I was typing this one here....its clear you havent talked to the other 8?

And not that it matters....but does he indeed need the road wider? Is he having issues with a truck and trailer and needs it wider??? Because if he does...and this does go to court....I can guarentee they are gonna side with him and having rights over the ROW to access his property...even if all other 8 or 9 members dont want the work done....regardless of any "agreement" you might have.

And to reiterate again....if its in the ROW.....its NOT your trees, and its NOT your dirt. The ONLY luxury you get for that land is to pay taxes on it and "call" it yours. This is no different in a public road at all. IF this were a public road and the local govt you pay taxes to came by and cleared trees, trimmed away from power lines, cleared to run water, dig out a ditch, etc....then there aint a **** thing you could do. Well this "private" road is no different. This private road is owned/shared by 10 people. IT is 10 peoples responsibility to maintain, care for, improve, share in cost this 50' wide section. (just like a public road where all taxpayers share). So be thankful he isnt sending you a bill.

Exactly!. I think the guy that cleared the right of way should send you a bill. I hope he does. And "teaches you a lesson" Just like you are trying to "teach him a lesson" I understand you feel slighted that he took what you considered your "peckerpoles" and some dirt and rocks.

Thank God he hasn't billed you yet for his services. His wear and tear on his tractor, his labor. He did you all a favor at HIS expense and time and effort. You didn't own the peckerpoles, You didn't own that dirt, and you didn't own that rock. If he took those things as payment for opening up the ROW, than you should be thankful, grateful, and you should tell him so. You should go over an say your sorry for raising a fuss, maybe bring him an apple pie and some of that fine Tennessee Whiskey. Tell him you understand now he was just trying to do you all a favor.

Just what the he77 do you think you were going to gain by "suing his azz off" anyway? Nothing, but feeding a bunch of lawyers. When you start a war with someone, best to dig two graves first. "lighten up Francis"* and let it go.

*with apologies to the movie Stripes.

 

[riptides]

Then it goes back to basics. A ROW does not a property OWNER make.

 

[two_bit_score]

That had to be written by one of the property owners. That document is not worth the paper it is written on.
No use guidelines, no specific management or maintenance of the road and ROW, no fee, cost or payment schedule. Nothing saying property owners cannot use the ROW materials for private use!

This is why this thread exists.

It's a total cluster.



.

 

[1010]

I agree with LD1 and K0ua 100%! when I saw the PICs of the "damaged trees" I knew this was a BS thread. If you don't have an solid easement across property lines and the guy being sued does. He could dig up the road at his line and there is not jack you can do. And you end up owing him money for road improvements + his lawyer fees and lost time.

LET IT GO. Sounds like a busybody in everybody's business but their own.

 

[bcp]

This cartoon explains it all.

Bruce

 

[747driver]

Is this the full extent of what it says? It doesn't specify that every parcel has a vote. So how do you get that an individual who owns more than one parcel gets a vote for every parcel he owns?

.

I know...its a poorly worded rule ! Your probably right on the vote part. Its majority rules...So I would think if a majority of the owners didn't express their right then there would be no rule....or maybe its just a majority of who expresses their right ?

 

[747driver]

I agree with LD1 and K0ua 100%! when I saw the PICs of the "damaged trees" I knew this was a BS thread. If you don't have an solid easement across property lines and the guy being sued does. He could dig up the road at his line and there is not jack you can do. And you end up owing him money for road improvements + his lawyer fees and lost time.

LET IT GO. Sounds like a busybody in everybody's business but their own.

Guess you didn't read the entire thread, just jumping in mid stream without knowing how deep it was !All property owners own to the middle of the road. So maybe I would like to widen the road on his side and just start digging and cutting down and damaging his trees. Then taking his materials and using it on my other property. I think you know the answer !

 

[747driver]

Exactly!. I think the guy that cleared the right of way should send you a bill. I hope he does. And "teaches you a lesson" Just like you are trying to "teach him a lesson" I understand you feel slighted that he took what you considered your "peckerpoles" and some dirt and rocks.

Thank God he hasn't billed you yet for his services. His wear and tear on his tractor, his labor. He did you all a favor at HIS expense and time and effort. You didn't own the peckerpoles, You didn't own that dirt, and you didn't own that rock. If he took those things as payment for opening up the ROW, than you should be thankful, grateful, and you should tell him so. You should go over an say your sorry for raising a fuss, maybe bring him an apple pie and some of that fine Tennessee Whiskey. Tell him you understand now he was just trying to do you all a favor.

Just what the he77 do you think you were going to gain by "suing his azz off" anyway? Nothing, but feeding a bunch of lawyers. When you start a war with someone, best to dig two graves first. "lighten up Francis"* and let it go.

*with apologies to the movie Stripes.

Guess I will send him a bill for the 8 years I graded and maintained the road ! I was the only one who had a tractor until 8 months ago when he bought his. Guess you didn't see where I am letting this go.