ssardinajr
New Member
We live in a house bordering a Private Road, our property borders this Private Road for over 450 feet. One end of the Private Road goes to a public roadway, and the other end of the Private Roadway borders an unblocked DEAD END coming from another Public Roadway (there is a sign, but you can drive right though). Our Driveway enters the Private Road in 2 spots, and that is how we get to our house.
Our problem is our Deed says nothing about us having a Right of Way, or Right of Use of the private road. We checked the neighbors Deeds, and found out only one person has a RIGHT OF USE of the private roadway, and they do not even live on the private road anymore (it looks like that was the first house built in the area, and the private road ran directly to that house at one time). We and 2 other neighbors' deeds say nothing about right of use or right of way of the Private Roadway.
Also we looked up who owned the Private Road by looking at the Tax Map and seeing who is paying the taxes on it. The Private Road owner first denied even owning the Road, but we told him we looked it up and it said he is paying taxes on the land. We asked to put a chain across the road to stop PUBLIC road traffic and he said he did not care if we put a chain up to stop traffic from the Public Road. But after a problem with another neighbor we stopped from passing though the DEAD END, he then said he does not want our chain across the road because he does not want any problems with anyone. He basically said he is letting anyone who wants to pass though because it has been that way for so long.
Also we have a problem with road degrading and becoming almost un-drivable in certain spots, and the traffic coming from the public section of the Road one of the main problems. Also the road does not have any drainage, and the road is getting washed away in certain spots.
There are 3 other houses bordering this private road and have their driveways going into the private road (but their land also borders a public road even though they have their Driveways on the Private road), we are the only house that does not border a public road and we only border the private road and other landowners property.
Also we have to plow part of the private roadway in the winter time so we can get out.
My questions are.
Are we landlocked? Is so what do we do to get a right of way or right of use of the road added to our deed?
Can we somehow claim ownership of the road since we are taking care of part of it and the road owner refuses to fix it?
Can we make the road owner fix the roadway?
Can we make the road owner plow the roadway in the winter?
Can we force the landowner to put up a chain or gate to stop traffic from public road?
Can we somehow have the County or Town take over the roadway?
Any help with any part of my problem would be appreciated; I am just looking into my options before I contact a lawyer.
Our problem is our Deed says nothing about us having a Right of Way, or Right of Use of the private road. We checked the neighbors Deeds, and found out only one person has a RIGHT OF USE of the private roadway, and they do not even live on the private road anymore (it looks like that was the first house built in the area, and the private road ran directly to that house at one time). We and 2 other neighbors' deeds say nothing about right of use or right of way of the Private Roadway.
Also we looked up who owned the Private Road by looking at the Tax Map and seeing who is paying the taxes on it. The Private Road owner first denied even owning the Road, but we told him we looked it up and it said he is paying taxes on the land. We asked to put a chain across the road to stop PUBLIC road traffic and he said he did not care if we put a chain up to stop traffic from the Public Road. But after a problem with another neighbor we stopped from passing though the DEAD END, he then said he does not want our chain across the road because he does not want any problems with anyone. He basically said he is letting anyone who wants to pass though because it has been that way for so long.
Also we have a problem with road degrading and becoming almost un-drivable in certain spots, and the traffic coming from the public section of the Road one of the main problems. Also the road does not have any drainage, and the road is getting washed away in certain spots.
There are 3 other houses bordering this private road and have their driveways going into the private road (but their land also borders a public road even though they have their Driveways on the Private road), we are the only house that does not border a public road and we only border the private road and other landowners property.
Also we have to plow part of the private roadway in the winter time so we can get out.
My questions are.
Are we landlocked? Is so what do we do to get a right of way or right of use of the road added to our deed?
Can we somehow claim ownership of the road since we are taking care of part of it and the road owner refuses to fix it?
Can we make the road owner fix the roadway?
Can we make the road owner plow the roadway in the winter?
Can we force the landowner to put up a chain or gate to stop traffic from public road?
Can we somehow have the County or Town take over the roadway?
Any help with any part of my problem would be appreciated; I am just looking into my options before I contact a lawyer.
