My husband and I purchased a mountain view lot (call us owner # 1) in a development. A road at the top of this property built by original developer (29 years old) runs across a small back corner of our property. Each road within the development has a 60' ROW (30' from center), so naturally we thought we had legal right to access this lot at the top even though the road only crosses a small portion (it also has another access at bottom of lot via a cul-d-sac which was platted but never built when a large lot was subdivided), but would require major switchbacks to access building site, clearing many old trees and crossing a 15' ravine). An adjoinging property above us (call them owner # 3) has just purchased and surveyed their lot, and it was discovered the original road was misplaced (according to plat maps) and encroaches on another property before encroaching on ours( call him owner # 2) and then theirs(#3). Note: previous owner of # 3 used access road and built driveway to building site years ago. This property(owner # 2) has never been surveyed by any previous owner though title has transferred at least two times since it was subdivided in '89.
Owner # 3 & 2 do not want us to access our property using this existing road at top. Owner # 3 built a new road to their property using platted easement and requested this old road be closed off, then proceeded to dump fill dirt 10' high on the ROW area of this old road on property line. Owner # 2 wants road to access the top of his lots only, but doesn't want us to access ours crossing his lot at top. The new road touches our property at right of way line at one corner, but goes no further.
The neighbors got together with attorneys (prior to closing on owner # 3) and have done everything possible to prevent us from easily building on our lot (beautiful valley view from # 3 and right beside # 2). Both parties are in planning stages for their retirement homes. I'm guessing they know how difficult and expensive it would be to access from bottom, and are hoping we will not build (we didn't have immediate plans to do so) and block their view or invade their privacy. My lots of approx. 4 acres provide a lot of privacy for them currently.
POA (of which my husband was Pres. & I treasurer) were left largely out of the loop. POA is non-owner entity and only has authority to maintain EXISTING roads throughout the development.
The POA has agreed to maintain new road, and left old road alone for owners to maintain without closing off.
Do we have any rights or ability to access this old road now or have owners 2 & 3 successfully ousted us leaving what I consider private and separate roads to their lots? Any advise would be appreciated.
Owner # 3 & 2 do not want us to access our property using this existing road at top. Owner # 3 built a new road to their property using platted easement and requested this old road be closed off, then proceeded to dump fill dirt 10' high on the ROW area of this old road on property line. Owner # 2 wants road to access the top of his lots only, but doesn't want us to access ours crossing his lot at top. The new road touches our property at right of way line at one corner, but goes no further.
The neighbors got together with attorneys (prior to closing on owner # 3) and have done everything possible to prevent us from easily building on our lot (beautiful valley view from # 3 and right beside # 2). Both parties are in planning stages for their retirement homes. I'm guessing they know how difficult and expensive it would be to access from bottom, and are hoping we will not build (we didn't have immediate plans to do so) and block their view or invade their privacy. My lots of approx. 4 acres provide a lot of privacy for them currently.
POA (of which my husband was Pres. & I treasurer) were left largely out of the loop. POA is non-owner entity and only has authority to maintain EXISTING roads throughout the development.
The POA has agreed to maintain new road, and left old road alone for owners to maintain without closing off.
Do we have any rights or ability to access this old road now or have owners 2 & 3 successfully ousted us leaving what I consider private and separate roads to their lots? Any advise would be appreciated.
