R.O.W. Problem

[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.

 

[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