R.O.W. Problem

[alexpops]

Lawyers are paid to tell you how to do whatever you want to do in a legal way. "Justice" doesn't come into play in civil matters ... only the talent of the lawyers and the cost to impose your will on someone else. In the end, it may be cheaper for 13 of you to pony up some cash to get this resolved under the theory that 1 guy runs out of money before 13. Lack of a real HOA agreement & nothing recorded WILL put you at a disadvantage, but nothing a "good" shark of a lawyer can't overcome. Once this is done with this guy, if any of you care enough to stay put, a formal HOA Agreement on the ROW and maintenance dues should be drafted & adopted and recorded on all 14 parcels. (or wait till the tax day snowstorm hits & have a plow accident) Either way, Moss's "Us/Them & Bad blood" comes into play. Maybe you care/maybe not.

I have lived in cities and rural areas. In the rural areas, it's much easier to walk over to a neighbor with a couple beers, offer him one and come to a handshake agreement that we'll both stand by. City folks (former city folks) ... not so much, & even rarer when money is involved. Meth heads never. I don't know where this problem neighbor came from or anything about their background, but you & your neighbors do.

I feel for your problems, but after seeing some of the ridiculous crap some of the FL HOAs require of residents at my Dad's places, it's one of the reasons I swore to myself I will never buy into an HOA property. I get along great with my neighbors, but I also live in unincorporated County so I don't have to worry about City rules that I find idiotic as well. For those that haven't already guessed, yes, I HAVE been accused of "Does NOT play well with others", BUT I do offer respect until it's not warranted, then it's no holds barred as far as I'm concerned.

 

[dodge man]

I suspect both the law and the facts are on your side. As you are well aware it’s getting it enforced is the problem. You need someone in official position to make this happen. We have a rural fire department in our area. I’d get them, wearing a uniform, and maybe even a fire truck, along with a police officer tell the guy the fence needs to be moved to be moved for emergency vehicle access. It’s pretty apparent the guy is being a pain in the butt on purpose.

 

[bdhsfz6]

It’s pretty apparent the guy is being a pain in the butt on purpose.

It's his nature. He's from the city.

 

[bdhsfz6]

I remember that well. But we only heard one-side of that story.

Unfortunately, you're only hearing one side of the story here as well.

I would love it if this guy would join the thread. He really can't argue with what I've said since it's 100% true. He might offer some information I'm not aware of though. It's always good to hear both sides of any conflict.

 

[crashz]

Sorry for the situation. All of us desktop heros can suggest anything with no repercussion, but you live there. Makes for an uncomfortable feeling EVERY time you leave and come home. But just so I understand, by your description, it sounds as if he installed the fence in the middle of one lane of the existing road. Is that right?

If that the case, is this clearly understood by the courts? If not, I would agree with other posters and get the firechief out there. Maybe a letter from the firechief explaining the danger and lack of proper access will change the mind of the court.

 

[Chewwy]

. . .

It's apparent that putting words in a deed does not constitute a binding contract around here. It's a very rural area and, as you suggest, the wording is poorly done. You really need to live here to understand the legal & political climate. It's a cross between Green Acres, Petticoat Junction & Mayberry.

. . .

Can’t be a cross between Green Acres, Petticoat Junction & Mayberry. They always had happy endings and only took 30 minutes, less the commercials.

 

[MossRoad]

I remember that well. But we only heard one-side of that story.

Yep. That's a fair assessment.

 

[MossRoad]

It's his nature. He's from the city.

But the 13 other houses aren't? They came from somewhere.

City, county, country, urban, etc... there're goobers in all walks of life.

 

[leonz]

Hire an expensive legal eagle and be done with it; the HOA member is
bound by the rules created by your HOA which he agreed to.

 

[2manyrocks]

The ROW is marked on the subdivision map and recorded at the county courthouse. It only has a vague reference in the deeds though.

As in "subject to all matters in the plan of record in book _ page___ of the register's office...."?

If the restrictions on putting up a fence or where the fence can be located are vague, judges don't tend to enforce what isn't plainly written out and of public record when it comes to property restrictions.

I'd recommend that you consult with a good real estate lawyer to advise you what is realistically possible to achieve and what it may cost.

 

[MossRoad]

Hire an expensive legal eagle and be done with it; the HOA member is
bound by the rules created by your HOA which he agreed to.

Doesn't sound like there is an HOA. Just a ROW in the deeds.

 

[Dftodd]

We love our neighbors like family. Except for "that one" a couple houses over. Even she mellowed out are a couple decades of alcohol and painkillers.

We had the crazy meth lady around the corner from us. She mellowed out when the cops through the book at her.

She didn't mess with my wife and I, but had it out for the elderly couple next door that bordered her property. What would kick it off with the neighbors was when her bamboo would start creeping onto their property and they would cut it back to the property line.

 

[RjCorazza]

Not much to add, other than if the difficult neighbor is an alcoholic type I would not escalate other than with legitimate legal action. I wouldn't even talk to him.

 

[workinonit]

Why not? Drunks are funny.

But seriously, there have been some amazing recommendations from individuals with first hand experience. Unfortunately it seems everyone is not possible for one reason or another. It's interesting the range of ideas from direct conflict to basically doing nothing. Another interesting thing is that I have read this thread and tried to visualize exactly how this ROW is laid out and I can't even get a whisp of an image of it. I just can't imagine anyone putting a fence up on a driveway that everyone uses. How many property owners access their property before they get to this barrier in the road and how many have to go through it?

 

[K5lwq]

Why not? Drunks are funny.

But seriously, there have been some amazing recommendations from individuals with first hand experience. Unfortunately it seems everyone is not possible for one reason or another. It's interesting the range of ideas from direct conflict to basically doing nothing. Another interesting thing is that I have read this thread and tried to visualize exactly how this ROW is laid out and I can't even get a whisp of an image of it. I just can't imagine anyone putting a fence up on a driveway that everyone uses. How many property owners access their property before they get to this barrier in the road and how many have to go through it?

Good question. I was envisioning a road with 15‘ ROW on each side of the road. If the road is only 15’ wide then yes I can see the issue if someone eats up 5’ of it. If it is 15’ on each side the 5’ would bother me less.

 

[bnold]

Check the laws in your state, pretty straightforward in Texas. Have gone through the foreclosure process for 2 properties in our HOA, takes about a year to get rid of the non-payers. Non-payment is pretty easy to deal with in the courts. Violations a little more difficult, but if the rule is clear, clearly broken and documented, proper notification and time to cure, that is pretty simple as well.

I have extremely limited patience for these people anymore.

 

[Fuddyduddy1952]

All I can offer are stupid questions since I know almost nothing about ROW and HOAs...so I'll be very helpful!
I'm thinking of maybe another solution but to visualize this "14 lot subdivision which maintains a 1.25 mile 40' wide ROW which passes through all the lots.".
An aerial screenshot (Google maps) or just a simple drawing would help. Any subdivision I know of there is a road through then each property has their own individual driveway.
A 40 ft. wide right of way THROUGH each property just doesn't make sense to me.
Thanks.

 

[dodge man]

As a land surveyor I can visualize a couple ways this would look. I’ve laid out a few subdivisions where the road is split equally by the lots. In other words the lot line is in the middle of the road and the road would be 15 feet off each lot.

Another way I’ve seen it done is the road is randomly run. In places it’s 15 feet off of each lot, in other places the 30 feet is entirely on one lot, sometimes even leaving a small piece on the other side of the road.

Having seen this problem before the best way is to build a subdivision with officially dedicated roads and rows and maintained by a township or county road authority.

Also the OP has said there is no HOA. Just something saying each lot owner will chip in to keep the roads up. They just have a kind of unofficial HOA.

 

[two_bit_score]

A Right of Way is conveyed by an easement deed. It should be on file in the County Deed records. You can find the details there.

 

[MTGreen]

The association should put a lien on the property for back association dues and interest accrued. Typically per the charter the association is well within legal rights to do this