Neighbor has elected to damage over 20 trees

   / Neighbor has elected to damage over 20 trees #151  
I also live at the end of a private road.
For the last 30 years I've maintained it by myself at my cost with the exception of when one neighbor wanted to sell his property.
At that time he asked for me to split the cost of grading & new gravel.
At that time I learned he nor the other owner had ever signed the "private road agreement" that I had to sign when I bought.

I "CAN" do anything I want in the way of "maintenance" along the 60' of ROW without asking ANYONE.
I don't.
But I am the one that plows the snow every winter, (I do their driveways too) and grade & fill potholes AT MY EXPENSE.
And I don't ask.
Lately the one neighbor has been helping. I appreciate it & tell him so.

As has been said, be thankful he doesn't send you a bill.
 
   / Neighbor has elected to damage over 20 trees #152  
....

I'm in the camp, its a 50 ft wide road easement. At least 5 ft on both sides should be kept back for a single lane road.

This "easement" should spell out exact use, restrictions and specifics in the deeds and covenants. Well, that's the best case scenario. Real life, not so much. And 50 feet means 50 feet. Not +5 on any side. LOL.
 
   / Neighbor has elected to damage over 20 trees #153  
If the op side is uphill, the other guy is downhills. If he wanted to widen the road, the dirt dug uphills would be moved to the downhill side, which it wasnt. He also didnt put down gravel after digging the dirt, so doesnt look like he was really widening the road, but taking dirt and trees.

My understanding the road in the ROW was already established before the dirt and trees were removed. Since there are multiple properties using this ROW, everyone affected should have been at least contacted before work began, and it should have been widened equally on both sides to maintain property line in center of road (assuming that is the case).
 
   / Neighbor has elected to damage over 20 trees
  • Thread Starter
#154  
This "easement" should spell out exact use, restrictions and specifics in the deeds and covenants. Well, that's the best case scenario. Real life, not so much. And 50 feet means 50 feet. Not +5 on any side. LOL.

There is no exact use wording....just says 50' ROW.
 
   / Neighbor has elected to damage over 20 trees #155  
Its the principal of what he has done with no regards for other peoples property. That being said ...I don't want to drain my retirement away over 25 trees ! So hopefully we can get to a happy medium.[/QUOTE]

I agree with this statement. Not for him but for you. You don't want to live with daily stress every time you see this guy. Because, you can't move him. If he first consulted you, it would have probably been fine. His assumptive sense of entitlement is what pisses us off. Somehow you need to have him understand and agree to your point, then just "wave" to each other the rest of your life. Good Luck.
 
   / Neighbor has elected to damage over 20 trees
  • Thread Starter
#156  
I don't have an issue with the road work he done. I also help maintain the 1/2 mile road since we lived here for over 10 yrs. I also buy stone to fill holes,ruts etc without asking for donations. I highly doubt he will buy any stone and cover up the soil that is exposed. I never took material off the road thats within the ROW and then put it on my property thats not in the ROW. This is the issue....taking material off the road thats within the ROW and then putting it on his property thats not within the ROW. I also plow the snow when it gets deep enough to do so. So...no he shouldn't be sending anybody a bill !
 
   / Neighbor has elected to damage over 20 trees
  • Thread Starter
#157  
Its the principal of what he has done with no regards for other peoples property. That being said ...I don't want to drain my retirement away over 25 trees ! So hopefully we can get to a happy medium.

I agree with this statement. Not for him but for you. You don't want to live with daily stress every time you see this guy. Because, you can't move him. If he first consulted you, it would have probably been fine. His assumptive sense of entitlement is what pisses us off. Somehow you need to have him understand and agree to your point, then just "wave" to each other the rest of your life. Good Luck.[/QUOTE]

Well stated. I do wave at them...makes them mad !
 
   / Neighbor has elected to damage over 20 trees
  • Thread Starter
#158  
If the op side is uphill, the other guy is downhills. If he wanted to widen the road, the dirt dug uphills would be moved to the downhill side, which it wasnt. He also didnt put down gravel after digging the dirt, so doesnt look like he was really widening the road, but taking dirt and trees.

My understanding the road in the ROW was already established before the dirt and trees were removed. Since there are multiple properties using this ROW, everyone affected should have been at least contacted before work began, and it should have been widened equally on both sides to maintain property line in center of road (assuming that is the case).

This is why we are having the new property surveyed and ROW marked as well.
 
   / Neighbor has elected to damage over 20 trees #159  
This is why we are having the new property surveyed and ROW marked as well.
Good luck with it. I used to own mountain property with a road easement like this, and was rarely there. No one maintained the road. You needed 4 wheel drive sometimes to drive the road. I sold the property eventually.
 
   / Neighbor has elected to damage over 20 trees #160  
This thread doesn't want to die. :D

The more I read, the more I get the sense that even more than the details of dirt and rocks, you wish the neighbor to act subservient such as a junior owner, coming to you for approvals. Based on the descriptions of his behavior, doing whatever he chooses without discussion, it almost seems he feels it is *he* that has more senior status.

Q- if you ceased plowing the snow in winter, does that affect only him, only you, or both?
 

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