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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. carter

    carter Sharpshooter

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    You describe an easement but should it be recorded with the title? As for maintenance, you need a road maintenance agreement? This describes how the road is to be maintained, by who, costs, etc. On my land, all of this was recorded on the deed.
     
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  2. SlugSlinger

    SlugSlinger Sharpshooter

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    You might reconsider getting an attorney involved. The reason I say this is because you / your business is using the road commercially. And thus could be using the road much more than the other individuals, unless they are using it commercially. If I were your neighbor, I would bring this up in any lawsuit and calculate the percentage of total use divided by how much each person/company is using the road and then allocate the costs of each user that percentage of the maintenance costs.
    Additionally, your neighbor could argue because of the business, much more maintenance is needed than a reasonable use of a residential only road.
     
  3. dennishoddy

    dennishoddy Sharpshooter

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    We have two County Commissioners in Kay County up on felony charges of what they thought they could do. One has plead guilty, and the other is awaiting trial.
    They don't have the stroke they had in past days before the cleanup of the County Commissioner system in the 80's.
     
  4. Dumpstick

    Dumpstick Sharpshooter

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    In my case, once the Commissioner found this road was not county maintained, he couldn't back off fast enough.
    At least 2 of the 3 Commissioners here in Logan County are very, very careful about doing anything on non-county property.
    I can't speak to the third, I don't have reason to communicate with him.
     
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  5. magna19

    magna19 Sharpshooter

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    If your road is defined by the County for a utility easements (or other) delivery of US Mail, Fire, Police, You have the right to maintain the private road to be passable on your own without the other landowner involved. I would look at the County records of any Plats, surveys, etc. Similar to the private road where I where live.
     
    zghorner likes this.
  6. okietool

    okietool Sharpshooter

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    That’s a fact.
     
  7. okietool

    okietool Sharpshooter

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    Blame it on fracKing and make the oerb or Exxon fix it.
     
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  8. Shadowrider

    Shadowrider Sharpshooter

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    So how ironic is it that your are within literal spitting distance of the highway maintenance facility? And I know that one of the commissioners was using that building for an office at one time. May have been a temporary thing, I can't remember who or even how I found that, but it was prior to the last election.

    Hope you get it all worked out O/P.
     
    zghorner likes this.
  9. zghorner

    zghorner Sharpshooter

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    We might get 3 customers a week, they were using the road twice a day each. And im not worried about him paying me anything, i just want a tin horn installed at the base of the hill (as opposed to the ditch being filled in with dirt by said neighbor) so it stops washing out my road. Ill never ask that fool for any money or help again.
     
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  10. SoonerP226

    SoonerP226 Sharpshooter

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    If you want to take the opposite tack from slugslinger's message, a good lawyer could argue that cabbagebrain's willful negligence is damaging the road, which could be causing economic harm to the business and denying access to their property to the business's customers.
     
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