Culvert Pipe Quandry

[square1]

This is really intriguing. It looks like your road isn't where it's supposed to be, it's been shifted to the North about 125' (estimate). I think I'd be talking to the County Road Commission about them making a connector (at their cost) to the road at a point somewhere in that ~125 feet where the road is on, or directly abuts your property in exchange for you not pursuing their culpability in the issue. If it had not been shifted, or shifted only 100' this problem wouldn't exist.

 

[dmccarty]

The way I am reading this is that there are three owners involved?

1. The home owner who owns most of the driveway.
2. The Indians with 3,000+ acres.
3. The government, either US or state/county, owns the 10 sf. If the Indians own the 10sf, things get more interesting.

Is the Indian land just owned by the Indians or is this actual reservation land? If it is reservation land, then it is sovereign land and the law gets really murky.

If the 10 sf is owned by the Indians, and the land is reservation land, then the issue is going to be difficult. If the topography will cost the Indians money to access their land, it might be in everyone's interest to reach an agreement.

I would make danged sure the survey is accurate and verify who really owns that 10sf.

If the Indians do NOT own the 10sf, and there is no easement on the driveway, I don't see how they think they can use the OP's land for access.

Later,
Dan

 

[ovrszd]

For Claire my following bit of rambling is a mute point. But it might come in handy to readers that are considering property purchase.

All of these issues should have been discovered and settled prior to Claire's purchase of his property. Here it is customary to have the land abstract brought up to date by a realestate lawyer during the purchase. All of these discrepancies should/would be discusses at that time. If the buyer agrees to risk going ahead with open issues such as this, then it's on him/her. When I bought the property I live on I even had to go Cemetary hunting to find a tombstone of a possible previous heir to the land that had to be proved dead. And that was a death that happened 60 years prior to my purchase. This person was 82 when they died. Would have been 142 years old when my transaction was taking place. No death certificate on file. Had to photograph the tombstone as proof of death. Another previous owner had divorced during ownership and there was no Quit Claim deed on file. Had to chase down the previous wife and get her to sign a release on the property. No way was I guying with these issues unresolved. Crazy huh......

 

[Claire Knowles]

Ahhhh...wish it were so, but I was an absentee owner and left it to the closing attorney..BIG MISTAKE!! I didn't receive my title insurance paperwork until a month after the closing, at which time there was noted an exception to the title that should have been brought to my attention well before closing when he received the title commitment, but NOT. I have tried and tried to hire a good lawyer to fight this whole mess, but you can't even hire a bad lawyer that will take on another attorney, let alone the Eastern Band of the Cherokee Indians. So, after all is said and done, I've pretty much decided that I will post a weight limit sign on my dirt road, and if it's ignored by the construction (or fracking) crew, I'll simply hire someone to come and dig a 10 foot wide, 5 foot deep ditch across the road and NOBODY will have access. Nobody has a right-of-way or easement for my land, it's "just the way things have been". "Things" are about to change if my property suffers any more abuse from a very uncaring group of people. Wish me luck. Thanks.

 

[Pixguy]

Ahhhh...wish it were so, but I was an absentee owner and left it to the closing attorney..BIG MISTAKE!! I didn't receive my title insurance paperwork until a month after the closing, at which time there was noted an exception to the title that should have been brought to my attention well before closing when he received the title commitment, but NOT. I have tried and tried to hire a good lawyer to fight this whole mess, but you can't even hire a bad lawyer that will take on another attorney, let alone the Eastern Band of the Cherokee Indians. So, after all is said and done, I've pretty much decided that I will post a weight limit sign on my dirt road, and if it's ignored by the construction (or fracking) crew, I'll simply hire someone to come and dig a 10 foot wide, 5 foot deep ditch across the road and NOBODY will have access. Nobody has a right-of-way or easement for my land, it's "just the way things have been". "Things" are about to change if my property suffers any more abuse from a very uncaring group of people. Wish me luck. Thanks.

ANOTHER excuse to buy a tractor! :cool2:

Good luck, keep us informed.

 

[ovrszd]

Claire, I'm very sympathetic to your situation. I used my examples, not against your decisions, just as an example of what property buyers might expect to find. In my case, my lawyer brought these issues to my attention and left it to me to decide whether to move forward or fix them. I chose to fix them. I could have signed without fixing them. If so, I might have found myself in a situation such as yours.

I understand the concept of digging the ditch. But you suffer with that action also. Bummer. Let us know how it works out.

 

[s219]

Maybe you should put up a toll booth, like in Blazing Saddles. "Aw crap, someone's gonna hafta go back and get a sh!tload a dimes!"

 

[Claire Knowles]

So guys, what kind of machine do I need to buy (or rent) to complete my "project"? I've been through every "legal" route there is, so now, guess it's up to me. I'm posting a weight limit sign upon its delivery next week, so please stay tuned for the next exciting episode.....

 

[ovrszd]

If you are digging a trench across it, best tool would be a backhoe.

 

[fordmantpw]

So guys, what kind of machine do I need to buy (or rent) to complete my "project"? I've been through every "legal" route there is, so now, guess it's up to me. I'm posting a weight limit sign upon its delivery next week, so please stay tuned for the next exciting episode.....

Honestly, I would fence it first before you dig a trench across the road. Someone will just drive in the trench and you could be held liable for that.