Own Land but No Paved Road?
Dustin
8 years ago
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8 years agoDustin
8 years agoRelated Discussions
Private road maintance agreements
Comments (20)We had our attorney create this when we were buying our land. There was already in place a document that said that each property owner was responsible for an equal share of maintenance. It did not, however, specify who got to decide what to do...anyone could've said, "Oh, we need a culvert," hired a culvert done, then billed the rest. Or hired a plowman on their own and billed the rest. You get the idea. The agreement needs to specify who is a member, how many votes per property/lot, which of the owners of a particular lot can cast their vote, how votes are taken (usually in a meeting), how meetings are noticed and held, what constitutes a quorum, etc., etc. There are many examples of good and bad agreements on the web. Only the property owners agreeing to sign onto the agreement are bound to it. You can't bind somebody else who refuses just because they are in the same subdivision. That is why all this should be in place and binding on the lots BEFORE they are sold. In our case, one lot had been sold already--the first, within a few feet of public road lot--and he refused to sign on. I think he thinks it would have bound him further, but actually by refusing to be a member of the HOA but still bound by the equal share thing, all he has accomplished is denying himself a vote on things. We'll bill him, but I doubt he'll pay. Oh, well. Also, the person who owned the last property on the public road but whose access is on the private is not bound, either, as she was there years before and the private road starts as an easement on her property. So she will get the benefit of access to her driveway but will not have to pay for it. I don't actually mind, it is actually "fair" in the larger scheme of things given how the development came to be in the first place. Many people do this informally and all is well until it is not. It is good to have formal and legal structures to fall back on when casual and friendly fails....See MoreReally rough estimate for road extension? (+ Q on selling a lot)
Comments (6)Private roads (roads without names) are not going to count as your 200 ft. Does this property butt up to this other dirt road? You can't just link up to another persons driveway when the driveway is contained in their property. Maybe if you can upload a Google map or the property map? You really need to go talk to somebody in the zoning office with a list of every possible question you can think of. You also need to know if you do divide smaller parcels like that, if you keep the same zoning. We are residential age, can divide down to 3 acres , but doing so more than once (all the rest is a minimum of 20 acres) , changes our zoning to residential...which is Not what we want! Gravel for a driveway the length you are talking is going to be pricey, you can get an estimate for that by calling a gravel and rock supplier. You really need to call for some estimates on bulldozing 650 ft of trees. You also need to find put how much it will cost to get electricity there. Contact the electric company for that area, give them the site info, and they can give you a good idea. If there is natural gas, find that out too, but you will probably be on propane. Then you need to find out how much it will cost to get either a water line or a well to the property. Another consideration is funding the land...as dar as I know, it is very hard to get land with any less than 50% down....See MoreCourtesy on the road
Comments (34)S-lash, I'm sure you're right about the good drivers from Europe. But I wasn't talking about bad drivers. I was talking about people with different ideas of the proper courtesies to be used while driving. And I was talking about all the people who come to California from all over the U.S. and threw in the internationals because some of them don't bother learning the local ways either. We used to use the word "furreners" for Americans who weren't from California and came here and spoke (and drove) like they didn't want to be here, but refused to go back where they came from. I knew where people came from as a combination of various published demographic analyses of driver behavior, talking to people, bumper stickers, etc. Not scientifically rigorous, but as much so as your own observations. I'm waiting for my apology. Just because you assumed that I was judging people by their looks--even though that would be riduculous because since the Europeans first came to California, born Californians have looked like the whole world--doesn't mean it was I who was making racist statements....See MorePrivate road usage
Comments (2)Laws vary from state to state, but I assume in most states you are entitled to make reasonable and necessary use of the road for your private, residential purposes. I would be very surprised if “private” means only you can use the road and you are not entitled to garbage pick up, various delivery services and visitors, unless your road agreement prohibits such activities. However, there is no question that more traffic equals more maintenance and money, so your neighbor may be reacting to this. A visit with a local attorney or legal clinic can help you understand your rights with respect to this private road. Now that there are more people living on the road, it is also possible there is an procedure to petition the city or town to take over the road maintenance....See Moresklka
8 years agoUser
8 years agoDustin
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8 years agoDustin
8 years agoUser
8 years agolast modified: 8 years agoDeck The Halls
8 years ago
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