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Traycebee

Private road easement rights

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If I have contributed monetarily to road maintenance, does that mean I have the right to use the road?  I was told by the zoning commission that it's a grandfathered easement for the use of 4 out of 5 homes on the road.  Of course we are the newest, 5th home on the road so we were told that we have no rights of use...but in 2015 work was done with gravel and grading and we were asked to contribute over $500, which we did (even though we were told it would be $200-$300 per household).  Since then there have been issues with dogs on the loose that led to a dog-bite and possible law suit.  I just want to be able to settle this whole issue.  They have posted Private Property signs on their land and have told me I couldn't use the easement.  I am thinking that by including our house in the cost of the road maintenance does that not mean that I'm entitled to use it?

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2 minutes ago, Traycebee said:

If I have contributed monetarily to road maintenance, does that mean I have the right to use the road?

 

Without any relevant facts, the only intelligent answer to this question is "maybe."

 

Your post mentions an easement, but it's not clear how that easement relates to your property.  Nor did you tell us what relationship the road has to your property.  You mentioned some "zoning commission," but you didn't tell us what that really means.  You said you "were asked to contribute" money, but you didn't say who asked or why or why you didn't ask for an explanation as to why you should contribute to the cost of something that you "were told" (by whom?) that you have no right to use.  Among other things, determining the answer to your inquiry will require reading the deed by which the easement was created.

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The easement connects a main highway to a back entrance in a neighboring subdivision.  It goes in front of our house and our neighbor across the road (who sold land to the previous owner to build what would be our house) past our neighbors to the north and dog-legs left emptying to a street where our mailboxes are located.  The deed doesn't specify easement use other than mentioning utilities access.  The neighbor across the street got the quote from and arranged the gravel and work.  Having a good relationship with that neighbor and thinking it would benefit all of us, we agreed to contribute.  2 years later the neighbor to the north posted private property signs (their loose dogs bit my daughter in '15 then me in '17) and started acting like we couldn't use the easement heading north past their house to get to our mail box...they wanted us to head south and go around the long way to access the mail box as well as have my 9 year old walk along a 55 MPH highway to get to her friend's house in the aforementioned subdivision.  It occurred to me that since we don't have a road agreement (which I tried to implement in 2013) wouldn't the assumption be made that as a contributing neighbor that it would afford me access?

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