Neighbor has elected to damage over 20 trees

[PILOON]

Oh yes, city folk that move to the country!

On our lake the hydro has owned a servitude to run power to an island.
The property with that servitude was purchased by a city slicker that is demanding that our association pressure the hydro to remove the power lines.
Like hydro would even listen but more to the point that the association would never get into a personal battle.

The sad part is that the new owner now feels alienated because we wont back her wishes.

Going back 1/2 decade or so the original owners (we call ourselves pioneers) all helped each other be it a house raising, crossing propane white goods by boat (we had no road) or a hot spring work party to clear trees for the upcoming DIY road project.

Well 20 years later our DIY road is fully municipalized and serviced. Had it not been for DIY efforts we'd still be rowing in and out.
OK taxes did go up but anybody that built 'back then' can retire on the proceeds of their DIY cottage sale.

Sad thing is today we have to pay top $ for any help, sadly there are no longer any teens eager to earn a few $$'s besides any that are available can't move without something plugged into their ears and a mouse in hand.

 

[plowhog]

When we have the property surveyed soon...going to ask to have the ROW marked.

Are you going to ask the neighbors to pay their pro-rata share of the cost of marking the ROW?

 

[buckeyefarmer]

First off the ownership of the dirt and trees had been miss stated the whole thread. THE OP DOES NOT OWN THEM. Second off these weren’t saw logs or even firewood by my standards. They were over grown brush and a bunch of sorry pine trees.

Simply wrong about ownership. Read up on easements, or read some of the previous comments.

Right about the trees. Most people would never use pine for firewood, and with the size of them, not worth much. It's really about the principle.

But not my clown, and not my circus. The op has already done the right thing.

 

[4570Man]

Do you understand a right of way through private property? It's an easement. It gives someone the right to get to their property, by going over your property. You never lose ownership of that property. It doesn't give them the right to remove your property for their own use.

That’s in the gray area. Removing the trees is allowed otherwise the easement is useless.

 

[two_bit_score]

Why would I want to buy dirt to replace it when it was mine to begin with ! Guess you didn't read the post...I am letting the issue die !!

What I don't understand is your for of math. How is a ROW 50 feet from the centerline of the road not a 100 for ROW from side to side?

 

[747driver]

Are you going to ask the neighbors to pay their pro-rata share of the cost of marking the ROW?

No. I am only going to do it where are property is. Its kind of a mute point as the plat survey and deeds say ROW is from the center of the road, but would like a marker anyway. Basically ROW is determined by the property survey as all properties should come to the center of the road. If not....that is another matter.

 

[747driver]

What I don't understand is your for of math. How is a ROW 50 feet from the centerline of the road not a 100 for ROW from side to side?

The center line of the road is where the ROW is measured. Each property is surveyed to the center of the road. That makes it 25' on each side of the center of the road.

 

[two_bit_score]

We called the other owners and asked if he had contacted them...all said no.

The ROW is marked on the Plat survery...50 ' ROW from center line of road. There is no rules or restrictions in everybody's Deed. Just the ROW was for exit and entrance to individual property's.

So the total distance from side to side of the ROW is 100 feet.



I was wondering if this was going to turn out to be the case.


TBS

The center line of the road is where the ROW is measured. Each property is surveyed to the center of the road. That makes it 25' on each side of the center of the road.

You said it was 50 feet from the center line of the road the first time I ever saw that you mentioned the center line of the road. The "centerline of the road" would normally be a known location in the deed. Because it should not change locations and all measurements for the ROW should be from that known location. The way you have been describing it would be 50' from the center line in each direction.

 

[MossRoad]

That痴 in the gray area. Removing the trees is allowed otherwise the easement is useless.

In this case, it's not allowed without consulting the other property owners. If it's in the deed, worded that way, it has to be abided by.

 

[Streetcar]

Are you going to ask the neighbors to pay their pro-rata share of the cost of marking the ROW?

Why would neighbors pay for a survey of op property?