R.O.W. Problem

[airbiscuit]

I don't have an answer for your dilemma. I might discuss it with the District Attorney and see what they say. I would also talk with the Fire Department - I'm not sure your road would be passable for them in the winter. Maybe if the county owned some liability for not enforcing the right of way, and a loss due to lack of access occurred, they might be more helpful.

If nothing changes, you may lose the ROW to squatter's rights.

 

[RustyA]

So the right of way isn't recorded on deed/abstract or plat survey? If that's correct it's a gentlemen's agreement and legally the people beyond his property are landlocked with no legal access. I find that difficult to believe from a plat approval process.

 

[bdhsfz6]

Does he use the road to access his land? Go around him, block him off temporarily and give him something to think about. You can't block him for long if it's his only egress but you can sure make him sweat for a bit.

Yes, he uses part of the road for his access.

See post #36 above.

 

[MossRoad]

It may come to that Moss but none of us have much money to throw at the problem. The legal approach could get expensive.

Well, then you're back to pitchforks and torches.

A long time ago there was a thread here on TBN that involved a person with an easement through his property for a neighbor to be able to access the neighbor's property.

All of us armchair lawyers thought for sure the law would be on the side of the person who's land the easement passed through (given all the details we had at the time about use/misuse of the easement) and in the end, the person who's land the easement passed through got sued and lost BIG in court. It was awful.

I can't find the thread, so I'm guessing it was removed from public view at some point. It might be in the front porch area, but I don't venture over there, so my search wouldn't show it.

Anyhow, be careful how you proceed. Despite being in the right, you could still lose. Consult that lawyer.

 

[bdhsfz6]

So the right of way isn't recorded on deed/abstract or plat survey? If that's correct it's a gentlemen's agreement and legally the people beyond his property are landlocked with no legal access. I find that difficult to believe from a plat approval process.

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

 

[MossRoad]

Exactly, but just how much of the ROW needs to be blocked before we can make legal action stick? Is a one lane road enough? It depends on who you talk to. If it were blocked completely, I'm sure we could seek legal recourse.

We have no covenants. Our association is a few neighbors shaking hands and a checking account. It isn't even mentioned in the deeds.

1"

It's not a selective deal. All of it has to remain open.

 

[lman]

Violations of deed covenants/restrictions are a civil matter, there is nothing you can do to escalate with the sheriff or town or county. At a minimum the HOA needs to take this guy to small claims court every time he misses his annual HOA dues. If the dues are "voluntary", why would anyone pay?

I've said it many times, "Good neighbors are PRICELESS".

No neighbors are better.

 

[bdhsfz6]

1"

It's not a selective deal. All of it has to remain open.

You would think so but you have to convince the local judge.

 

[MossRoad]

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.

 

[bdhsfz6]

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.

Ours is an alcoholic so there may be hope.