R.O.W. Problem

[Dftodd]

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

The association is a gentleman's agreement between residents.

Not a binding HOA as part of deed or covenant. They would get laughed out of court.

 

[MTGreen]

The association is a gentleman's agreement between residents.

Not a binding HOA as part of deed or covenant. They would get laughed out of court.

If that gentleman's agreement is written, then contract law applies and you could seek advice from an attorney

 

[Dftodd]

If that gentleman's agreement is written, then contract law applies and you could seek advice from an attorney

HOA agreements between neighbors and formed after a development has been built have no teeth for enforcement. And are voluntary.

They have no legal power to do squat except to call the local authority to enforce code violations and local ordinances.

Just because those other land owners came to an agreement, doesn't mean that the owner they are in dispute with is a member of the HOA. If he didn't sign their agreement, then he's not a member and his property doesn't have to abide by their rules. He's also not required to pay any dues.

My daughter's neighbor started an HOA in their neighborhood. He came over and tried strong arming my daughter and son in law to pay dues.

He was also trying to tell them what they could and couldn't do with their property since the neighborhood now has an HOA.

I told her and my son in law that they need to tell him to get bent and to stay off their property.

 

[bdhsfz6]

A 40 ft. wide right of way THROUGH each property just doesn't make sense to me.
Thanks.

Rural subdivisions are often laid out this way when the township refuses to take ownership of the road.

 

[Fuddyduddy1952]

This is what I'm not understanding. (Excuse my poor drawing) here subdivisions are like this...off main road the subdivision road (black)...each property (yellow) a driveway (blue) to house (red).
A right of way through property makes no sense.

 

[airbiscuit]

Wouldn't the Right if Way be on either side of the shared road? Typically, that is where the utilities would be located, and a place for the plowed snow to go.

 

[RustyA]

Typically a right of way is measured from center line of road...40 ft right of way 20 ft from center line. Our right of way bisects our lots and includes utility easement for power and telephone lines.

 

[crashz]

The Right of Way includes the road, so it's usually wider to account for maintenance and a utility corridor. So the ROW could be 40ft wide and the road within that (could be centered or offset). Many towns and cities have a set-back ROW fromt he road centerline. I think on my road it is 8ft. I pay taxes on that land, but the town has the right to access that land.

That's why I'm a bit confused. If the offender is within the ROW, but not in the road, I would find it annoying. But it sounds as if this guy's fence is in the road. That's a lot different than a set-back issue. That's a structure built within the travel lane!

 

[MossRoad]

There's all kinds of weird ways roads are laid out.

For example, my property front line is on the other side of our street. All of the properties to my north to the end of the street are this way. The street goes THROUGH our properties.

For all of the houses south of me to the end of the road, their property lines end at the edge of the right of way. The street runs PAST their properties.

On the block to our east, all of the properties end AT the edge of the right of way.

On the block to our west, all of the properties end IN THE MIDDLE of the right of way.

So three different layouts on three consecutive streets.

Really doesn't matter. They are all county roads, all get plowed, all get repaired, and you can't put any permanent structures within 20' of the middle of the road. No fences, mailboxes, plants, etc. You can park your car there.

 

[riptides]

In Virginia, "Generally, the right of way ranges from 25 to 150 feet from the road's center line."

And you have to know what type of road you are dealing with as the type determines the width.