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Neighbor Woes: What Rights Do I Have To Maintain A Private Road...

Discussion in 'General Discussion' started by zghorner, May 29, 2019.

  1. zghorner

    zghorner Sharpshooter

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    I live on a 1/2 mile long private road along with 2 others. I am on the last one on the road. We each own the portion of the road that crosses our land and there is a legal right of way to the public so the road cannot be fenced or access restricted in any way (verified this through oklahoma county clerks office).

    MY neighbor is a butt head. plain and simple the dude is a tiny brain turd bird deluxe. He is the first one on the road and his driveway has been getting washed out by the rain so instead of installing a tin horn...he has filled in the drainage ditches with dirt so the water jumps on the main road and crosses it to the other side all the while washing out the main road. This neighbor and i basically hate each other and i cant talk to him anymore without the serious likelihood of violence taking place. I have been back and forth with the city for months about this and finally got told today that they can do nothing to help since they have no drainage easements or any rights to the road at all.

    So I am curious if anyone has a clue as to what rights i have to maintain the road even the portion that falls on his land? I have spent a lot of money maintaining this road without his help only to have some idiot ruin it because he doesnt want to install the proper drainage. So up to this point i have done every bit of upkeep including the portions that the other neighbors own but i am wondering if he wanted to make things worse for me, could he get something stating that i cannot work the road that crosses his property so i have to "legally" let the road deteriorate?
     
  2. Gunbuffer

    Gunbuffer Sharpshooter

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    I say start with a flaming bag of dog poop
     
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  3. SlugSlinger

    SlugSlinger Sharpshooter

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    Is there a road easement over each of your neighbor’s property?

    Are you in the city limits or county?

    I suspect there is some kind of laws against blocking or obstructing a road ditch or drainage. If he’s filling in a drainage ditch with dirt, I would pursue that route with the road department.

    I live in the county and the county will properly install a tin Horn if it’s purchased by the land owner.
     
    Last edited: May 29, 2019
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  4. ignerntbend

    ignerntbend Sharpshooter

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    Do you have any sort of covenant agreement with the neighbors? I hate to say it: Lawyers.
     
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  5. BReeves

    BReeves Sharpshooter

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    You will live longer by just sucking it up and fixing the road yourself. You just can't deal with stupid so why try.
     
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  6. Dumpstick

    Dumpstick Sharpshooter

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    The county will not install a tinhorn on a private road, or a privately maintained road.

    Sounds to me like you need to buy the tinhorn, and install it across his driveway.

    If not that, then buy a tinhorn and install it to cross the road where it's being washed out.

    Money out of your pocket, but cheaper than constantly re-graveling.

    I've had to rebuild my neighbor's driveway twice, to keep water from running down his driveway into mine. I finally moved my driveway.
     
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  7. SlugSlinger

    SlugSlinger Sharpshooter

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    What county do you live in? Rogers county will install a tin Horn on a driveway that is adjacent to a public road. Is this a road or driveway? Sounds like a driveway and not a road.
     
  8. zghorner

    zghorner Sharpshooter

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    im in oklahoma county but within city limits. I live right at I-240 and anderson rd across the street from a country road and highway office i am going to go talk to them tomorrow in person (tried over the phone nearly a year ago) just to see what they can do.

    Also i offered to put in a tin horn about 4 months ago because he was washing out the road his exact reply was: "im not worried about that road, im going to fence yall off anyway..." Me: You can put a fence up, the road there is a legal right of way from anderson to hiwassee..." Him: I've already got the paperwork started. Me: looks at his wife and 2 young children he is with and reply..."ok buddy" then smash out of his driveway.
     
  9. PBramble

    PBramble Sharpshooter

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    Dont' bother yourself with him. Just regrade the road so the water runs out of the ditch and across his driveway. Or go see an attorney to have a letter drafted explaining how public ROWs work and that he has to maintain his portion of the road.
     
  10. SlugSlinger

    SlugSlinger Sharpshooter

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