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Bump in Road

Discussion in 'Easements & Right of Way Law' started by B.Legl, Jun 17, 2019.

  1. B.Legl

    B.Legl Law Topic Starter New Member

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    I live up a private easement which only a few people have legal access on. One neighbor put a berm on the dirt road that has damaged my low-clearance RV since I have scraped my underside on the berm multiple times with that vehicle. There is no way I can avoid the berm and still get to and from my property. I have informally and nicely asked him in writing to remove it for the stated reason but the only response I got was his wife trying to yell at me as I drove by. I can buy a $20,000 tractor and remove it myself but that may just lead to tractor wars. Is hiring a lawyer and filing a lawsuit my only real option since he has ignored my request?
     
  2. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Yep same answer as the other forum.
     
  3. zddoodah

    zddoodah Well-Known Member

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    After the first time this happened, any damage is on you.

    You could remove it yourself. It's a bump in a dirt road. The notion that you'd have to buy a $20k tractor to do it is rather absurd. But yeah...if you want this finally resolved, consult with a local attorney.
     
  4. mightymoose

    mightymoose Moderator

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    You could rent a tractor for far less.

    I would remove half of the bump... He can keep his bump on his side and I will have no bump on my side :)

    Seriously though, does your property title or anything address who is responsible for maintaining the road?
     
  5. B.Legl

    B.Legl Law Topic Starter New Member

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    And how do you recommend removing it without a tractor with backhoe (which will cost me $20k or more)? It is as hard as concrete almost. I tried a shovel and couldn't make any headway other than a tiny bit of dirt loosened. Also your "After the first time..." comment really does not make sense. Regardless, I have just incurred the actual damage (broken sewer line) after rubbing multiple times so the first damage did just occur when I sent the note.
     
  6. B.Legl

    B.Legl Law Topic Starter New Member

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    First, renting makes no sense as if I remove it once, he'll just replace it so I'd be repeatedly renting tractor which would be coming from quite a ways so require me to pay for a lengthy rental each time.

    Second, there is no "his side" and "my side." The bump is on a single lane road with steep hill on one side, steep drop-off the other.

    Third, no one is responsible for maintaining the road. A few of us have legal access but no one is responsible for maintenance, period. No one.
     
  7. army judge

    army judge Super Moderator

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    My sons and I own and operate a working cattle ranch in Texas' hill country.

    It has been on our family since the 1880s.

    Currently we're running about 8,000 head on our 10,000 acre spread, with access to open range of more than 50,000 acres.

    We have access to such a road, used by 6 additional ranchers.

    My great granddad foresaw a potential problem during the 1920s.

    He built his own road, and we avoid using the shared access road.

    We allow no one to use our road, because he built it across our (as in my) land today.

    If there is anyway you can do that, it'll serve you better in the future.

    Otherwise, you might wish to arrange a meeting of all the road users to see if a mutually acceptable, long-term solution can be hammered out.

    I kick in about $5,000 every other year to the mutual aid association we created years ago to maintain the shared, private road.

    I do that to maintain good relations with the other ranchers.

    If you don't try, things won't get better.

    Good luck.
     
  8. B.Legl

    B.Legl Law Topic Starter New Member

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    That's a nice idea about building a new road but it's not an option. I'd have to get an easement through others' property--people who have no reason to grant me an easement--and then would have to pay a fortune to build multiple miles of road through rocky country. So it's not an option at all. The mutual aid association also isn't an option. I put $10,000 of my own into the road when I moved here and no one since then has put in a penny on improving (vs. worsening) the road--and they won't.
     

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