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.

 

[buckeyefarmer]

Answering in case I’m called for the jury, so I can get off.

My VA property is on shared private road. Everyone has deeded access, no mention of width, no HOA.

 

[RustyA]

So how is the maintenance of the private road paid for? We don't have a HOA, but we do have a road fund that each property owner contributes to annually. Funds are used for gravel and snow plowing. How is that handled for you and your neighbors?

 

[airbiscuit]

I live at the end of a 1/2 mile shared road (13 homes). I have decent neighbors, but 30% really don't have a clue about what it takes to keep a road up. I do all of the summer maintenance and about 20% of the snow removal (My neighbor does about 80% of the snow removal). I don't take any money for myself, but I do collect $25 each/year for gravel. At first a few balked at that, so I let the road get a bit washboardy and potholed. That fixed that.

I also collect fees ranging from $25 -$35 to pay my neighbor for doing the snowplowing. He never takes the money, but buys extra gravel. I had one new seasonal resident ***** about having to pay $25 for the whole year to have the main drive cleared of snow. I said great, I'll let you find a cheaper place and collect the funds. She has paid every year since then.

When we get a heavy snow, I usually snowblow most of my neighbor's drives, but not hers. People have no clue how much we have invested in equipment, or the cost of maintenance and repairs.

 

[TimberFarm]

I didn't read all the pages but if the HOA wording is in place and all the homeowners had to sign off on the ROW access when they purchased their property, well, tough tiddlywinks.
Send certified letter telling him he is in violation and has 30 days to correct. On day 31 pull his fence out. If he puts it back up, pull it out again.
Make him take you to court. The burden of proof will be on him and he has to pay to hire a lawyer to try to get you to stop removing the fence.

I can just hear it now:
"Your honor I want to put a fence up in the ROW and the HOA keeps knocking it down"

 

[LS Tractor Owner]

Yeah, we're on a mile long "access road". Technically, I "own" to the other side of the road, this is for the first 4 houses (including ours). The next 5 houses "own" to the middle of the road.
It is in dire need of grading and more gravel..... I maintain what is in front of our house and one neighbor..... at our expense..... even though there is a 'road maintenance agreement' in the deeds.

The 5 houses past us refuse to pay for anything.... there is a clause in the agreement that liens can be placed against the houses that don't pay..... good luck with that!

The first 4 houses have all agreed to split the costs to repair the first half of the road.... the issue is we have been hesitant to do so, because the back half will have a nice road to use (and drive way too fast past OUR houses) without having to pay (refuse) anything.

The first chance I get, we will be selling this property.
Good luck with resolving your problem......

 

[Dftodd]

Yeah, we're on a mile long "access road". Technically, I "own" to the other side of the road, this is for the first 4 houses (including ours). The next 5 houses "own" to the middle of the road.
It is in dire need of grading and more gravel..... I maintain what is in front of our house and one neighbor..... at our expense..... even though there is a 'road maintenance agreement' in the deeds.

The 5 houses past us refuse to pay for anything.... there is a clause in the agreement that liens can be placed against the houses that don't pay..... good luck with that!

The first 4 houses have all agreed to split the costs to repair the first half of the road.... the issue is we have been hesitant to do so, because the back half will have a nice road to use (and drive way too fast past OUR houses) without having to pay (refuse) anything.

The first chance I get, we will be selling this property.
Good luck with resolving your problem......

Before our road was incorporated by the county, they would still send the road grader down once or twice a year to grade it.

County judge has since had just about all the county roads paved.

 

[GSVette]

Luckily we all get along in our 6 20+ acre/parcel ‘ development’. Our properties have a set of covenants that laid out the option of a road maintenance association and/or an HOA. We opted for the RMA ( with Quarterly Dues for plowing, gravel, sand, weed treatment, etc). When the ‘developers’ sold the last parcel we got together and edited the Covenants to allow for some improvements ( or relaxed restrictions) and eliminated the HOA option.

It did entail refiling the amended Covenants as they are tied to the deeds but was well worth it for peace of mind.

 

[Fuddyduddy1952]

I'm trying to understand one last time...so instead of an access road where 14 properties border either side of a road the road actually goes THROUGH all 14 properties? That seems so problematic right from the start and I've never heard of it. I can see so many problems with that. Someone may want cows or horses in that area which they'd have to fence off, not everyone would be so concerned about maintaining that section through their property. Every time crossing their property they'd have to cross the road (mud? ruts?). Bad weather (snow, heavy rain) they'd maintain each section?
I've never heard of such a thing.
Here we have public roads with property either side. There are a few who own either side but still it's a public road.

 

[bnold]

No documented agreement, HOA or otherwise. They have nothing to compel them to pay for shared resources/maintenance. I’m sure he appreciates the OPs contribution.

Hence… HOAs

 

[Torvy]

Two separate issues here.

The 'HOA' for maintenance and cooperation is voluntary. With only 1 of 14 being a problem with that, I'd probably just maintain the whole road. If others start to back out, then everyone just maintain their stretch. You probably cannot enforce much on that as it is voluntary.
The ROW is a deeded issue. The problem here appears to be the local judge. I don't know about where you are, but in Texas, the Justices of the Peace and the County Judge are elected positions and do not even require a law degree. If you want this resolved, you need to buck up and appeal the bad decision. Take lots of photos, draw detailed diagrams and excerpt the relevant parts of the deed. Take it to an attorney. You will not lose the money (your attorney can force him to pay) and judges will and have taken property when people violate the wording on deeds. It could turn into a criminal matter for him if the (appeals) judge(s) orders him to move the fence and he refuses.