QUESTION
Can a private land owner set and post a speed/weight limit on their road?
Asked on Apr 11th, 2014 on Residential Real Estate - Virginia
More details to this question:
My sister owns ten acres and the road is access to two other homeowners. They speed up and down the road (it's a mountain) and one owner has taken heavy equipment up the road and ruined the by putting in huge holes and then filled it with cement. That is our brother, however, she does not speak to him. She wants to put up a speed limit and weight limit. It's a dirt road and she spent almost $25,000 to fix the road a few years ago with her inheritance money. Neither of the other homeowners paid for any of the repairs. Can she legally do this and make them abide by her rules on her land?
1 ANSWER
If it is a deeded right of way, anyone damaging the road can be required to fix it, but with legal fees and expert witness fees (to verify the cost of repair), it might not be worth the effort. A single owner can't make up rules that apply to the road. She might be able to petition the Court to establish rules such as a speed limit but it would involve filing a suit against the other persons using the road, and normally law enforcement folks don't enforce private right of way issues.
Answered on Apr 12th, 2014 at 10:04 AM