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.