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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. SoonerP226

    SoonerP226 Sharpshooter

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    That's not limited to small claims court. As a former judge and more than one lawyer have told me, getting a judgment is easy (assuming the facts are on your side); collecting on it is another matter entirely. The court can give you authority to place liens on their assets or garnishments on their wages, but they can't get blood out of a turnip.

    (Note: those were casual conversations with folks I know, not legal consultations.)
     
  2. Perplexed

    Perplexed Sharpshooter

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    Sheesh Shoddy, you have to get a couple truck loads of gravel each year if I read that right? Where does it all go, and can it not be reclaimed?

    (Learning a LOT from this thread...)
     
  3. Cards81fan

    Cards81fan Sharpshooter

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    Small claims isn’t going to rule for someone to take an action or otherwise maintain a road. It awards damages sustained due to the actions of another. That’s why there’s a dollar amount limit for the court.

    So you can’t sue looking for an order telling someone to maintain the road. You can sue for the financial losses proven to be incurred due to the neighbor not maintaining the road.
     
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  4. Aries

    Aries Sharpshooter

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    I would think if you paid for the road maintenance you could sue to recover their part of the cost, no?
     
  5. Cards81fan

    Cards81fan Sharpshooter

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    Yes exactly. That’s what i was getting at.

    You can sue for the costs you incurred due to the neighbors negligence. But you can’t sue to get a judge to force or compel the neighbor to service the road. It’s all about a monetary award.
     
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  6. DavidMcMillan

    DavidMcMillan Enjoy your life!

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    Talk to your County Commissioner. If you are on good terms with them, they sometimes have ways of getting around silly rules. Remember the commissioner impeachments of the late 70's? Many of them still have "special" abilities.
     
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  7. SlugSlinger

    SlugSlinger Sharpshooter

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    Can you send me the easement? I talked to our land guy here in the office. This was his response when I asked him “if someone has a driveway easement, do they have the right to maintain that easement?”.


    “Depends on the language in the agreement. If it’s not covered, then I would say that the grantee (beneficiary) would bear the cost of maintaining the easement. I’d be happy to read the agreement.”

    You would be one of the grantees to at least a portion of the easement. Hopefully the language of the agreement spells out who is responsible for what maintenance and that the easement must be maintained in a reasonable manner.

    Do you want to send me the document and I can forward it to him?
     
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  8. SlugSlinger

    SlugSlinger Sharpshooter

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    Do you have a pic of where your neighbor's driveway intersects the common driveway when its dry?
     
  9. zghorner

    zghorner Sharpshooter

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    Just attached the pdf, let me know if that doesnt work.
     

    Attached Files:

  10. bigfug

    bigfug Sharpshooter

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