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just moved in and theres a road that runs through my property to the next home, there is the old road that is still there but they don't use it bcause its not as easy as driving through my property. can I revoke his trespassing on my property or am I just stuck ? also they say there is a h o a here but the county has stated that the roads are not to code and not wide enough to have any emergency vehicle's to travel them , the road is paved part way and then turns to dirt. where I live they want us to pay an association fee to maintain the road which is only patched at the beginning of the road . this is not incorporated in city limits and is considered rural area, I'm at the end of this 1.5 mile road and was not informed of an easement on my property except for utilities that is a different part of the property. how should I persue this also he has trees overgrowing on to my property that are 30 to50 feet tall with limbs falling all the time ,some are less than ten feet from my roof. h
2 ANSWERS
Richard is correct that you should not act unilaterally. This is the age of the victim. Victim's win. If you put a gate or chain across the road, you will be the bad-guy.
How long has the neighbor been using the road through your property? It takes 5 years to create an easement by just using a road across someone else's property. If the 5 years have not expired, yet, you might still be able to sue to stop them from using the road.
If there is an HOA or a community service district which is supposed to maintain the road and bill you for your share, it should have shown up on your title report and title insurance policy when you bought the property. You might want to have a real estate attorney check your title policy.
If there is no HOA, community service district, or a recorded agreement regarding the road, then everyone who has the right to use it is required to pay their proportionate share. The statute does not say how to determine proportionate share. Equal shares? In proportion to the size of lot? In proportion to the number of buildings on the lot. In proportion to the linear feet from the public street to each owner's property line or entrance? I have seen all of these formulas and even some combinations of them.
Whoever is asking you to pay should be able to provide you with a copy of the agreement that tells everyone what their shares are supposed to be. If not they might be making it up. Still, Negotiating such a formula is a lot less expensive than a lawsuit to impose one.
Richard is correct that you can trim the trees back to the property line, as long as it won't threaten the life and stability of the tree. Some very large trees with very large branches on both sides, might be put in jeopardy of falling over, if a lot of weight were removed from only one side. If as a result of your trimming on your side, the tree fell over onto the house or a person on the other side, you would be at fault. Even though you have the right to trim the tree back to the property line, you still are obligated to act reasonably.
Answered on Sep 10th, 2015 at 5:23 PM
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No, you cannot unilaterally terminate the easment for the road.
You can trim back your neighbor's trees back to the property line. Discuss with your neighbor about the costs to trim back the trees.
Answered on Sep 09th, 2015 at 9:15 PM