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.

Problem is many of the 10 owners don't live here and are out of state. So I highly doubt an agreement could be reached on anything as they are not affected.

This, added with the probable estoppel seems to make your argument weaker and weaker.

TBS

 

[747driver]

Time to somewhat put this post to bed ! When I first posted I was not aware of the ROW law. Thats why I came here to seek advice and suggestions. After digesting what everyone has said I see I was wrong in my initial thinking ! I now realize we are in a losing battle if we would continue taking action against the neighbor. It would be a financial windfall for the lawyer and us the home owner a financial drain. I will still get the land surveyed and the ROW marked out. Also going to the lawyer to get a full explanation on ROW as it pertains to this development. The road maintenance covenant is to weak in wording for support. He hated it when we put up the 2,000 feet of wire fence, none of which is on or near the ROW. He was coming over onto other property which is not in our development and cutting trees down to get a better view of the mountains. We have much more valuable things to do on our acreage than to wrangle with a neighbor ! Maybe one day he will get to greedy and do something 'illegal' !! Like they say..'fences make good neighbors'.

Again...thanks for everyones input, without it disaster was avoided. Its hard to not get frustrated, as you start thinking blindly ! This what makes the TBN site so great....

 

[plowhog]

Very gracious response to a difficult situation.

 

[747driver]

Very gracious response to a difficult situation.

Thank You ! Now let me get started on my 30x50 pole barn this week !!

 

[buckeyefarmer]

Assuming property is center of road, Even if it is a right of way, does not give him the right to unilaterally decide to cut and remove trees, and widen the road. It definitely doesnt give him the right to take the trees and dirt, it is still your property.

 

[dodge man]

Sounds like you are on the right track. Good luck with the pole barn.

 

[Steppenwolfe]

Assuming property is center of road, Even if it is a right of way, does not give him the right to unilaterally decide to cut and remove trees, and widen the road. It definitely doesnt give him the right to take the trees and dirt, it is still your property.

Not really. I have a 40 ft right of way on my neighbors property that gives me access to a county road. I don't use it, and probably never will, but I can, at any time, build a road on his property to connect my land to the road.

 

[Slowpoke Slim]

It amazes me how few people understand how a legal Right of Way works.

 

[jeeptchr]

We have a large pipeline running through our property. It has a 50 ft easement/ROW each side of it. One corner of my shop is 53 ft from the pipeline. When discussing some projects I had upcoming (pipe fencing, shop lean-to, portable pipe loafing shed, etc) the Magellan rep worded it this way. “You can possibly get it approved for your lean-to to extend into our easement, but if there is an emergency and you can’t get it taken down in time we’ll just knock it down and not reimburse you for any of it. However we will pay to have your pipe fence replaced if we tear it up.” He also told me that the odds are pretty low of something happening on our property (15 acres) but to be aware of the easement with everything I do.

 

[newbury]

It amazes me how few people understand how a legal Right of Way works.

Is it the same across the US? Varies by state? Or are they all unique?