View Full Version : Private roads ingress and egress
farmgal71
Jan 8, 2010, 10:27 AM
In trying to avoid this situation becoming a civil suit, I am looking for some guidance and direction in handling a very disgruntled neighbor. I live on a private dirt lane and from front to back is approximately 1 mile long with "no outlet." At the end of the road is a culdesac that my neighbor has decided to block by parking all 3 of her vehicles in it on a regular basis, in trying to prevent the many children on my road from turning around while riding their bikes and walking dogs. Her home sets back down in the woods, not even visible from the culdesac, down the hill on 26 acres so she clearly has more than enough space to park in her own yard rather than parking her vehicles up the hill in the culdesac on purpose.There are 3 neighbors including myself who use this culdesac in getting to and from their houses. We have asked her not to do this as our main concern is with safety involving emergencies such as fire trucks who clearly would not be able to turnaround in this 50 foot wide culdesac with her vehicles blocking the way. Her argument is that she "owns" the culdesac and she can do what she wants with it. The private road maintenance agreement and subdivision plat clearly shows the culdesac as part of the right away, ingress and egress. It also clearly identifies the 50ft right of right which by law states cannot be obstructed in anyway. Any suggestions in helping to resolve this issue would be great.
ballengerb1
Jan 8, 2010, 10:32 AM
Give her a copy of that plat and agreement and tell her you need to have access for safety reasons and convenience. If you refuses and continues to park her vehicles on the road call the sheriff or police and ask them to tow the illegally parked vehicles
farmgal71
Jan 8, 2010, 10:41 AM
Give her a copy of that plat and agreement and tell her you need to have access for safety reasons and convenience. If you refuses and continues to park her vehicles on the road call the sheriff or police and ask them to tow the illegally parked vehicles
Thanks for a quick response. She has a copy of both the plat and agreement but just can't seem to understand that she DOES NOT own the culdesac - only in her mind. The police have been called twice in the past two weeks but of course with it being a private road, that is always the excuse they use and that we must go to court over it.. yada yada yada, but it very well might come down to that. She has also just in the past couple of days has nailed about 10 yards of rebar (yes - rebar!) into the ground all around the outer circle of the culdesac "idenifying" her property as she states. She doesn't think this is dangerous either if a child falls onto it. Yes, the woman has issues all of a sudden with the children, now that her kids are all grown and in college. I plan on placing a call today to the fire marshall to see if they will come out and speak to her about it.
smearcase
Jan 8, 2010, 11:18 AM
The police aren't making an excuse. They probably don't have authority regarding for civil disputes on private roads. You need to consult an attorney. Maybe the threat of a lawsuit will make her see the light.