RIGHT-OF-WAYS AND PRIVATE ROAD MAINTENANCE AGREEMENTS
How many have given thought to RIGHT-OF-WAYS AND PRIVATE ROAD MAINTENANCE AGREEMENTS.
Many know little, if anything about RIGHT-OF-WAYS AND PRIVATE ROAD MAINTENANCE AGREEMENTS. A Right-of-Way is an agreed permission from the property owner to a party needing permission to pass over the owners' property in order to access their own property. A property that is not bordered along some portion of its boundaries, is referred to as being "Land Locked." Such an owner has no legal access from a public road onto his or her property. They will have difficulty securing a building permit, clear title to sell, and numerous other problems.
Often, a land owner may have a legal access that is difficult to access, inconvenient, or it may pose safety concerns; so they seek permission to enter and exit across a portion of a neighbor's property. When families remained on their parents' farms and built their home on that farm, too often they did not hire a surveyor nor attorney to legally grant them ownership and right-of-way (using mom and dad's driveway for ingress and egress). When the generations change, and some children attempt to sell and move on, they run into this problem of Right-of-Ways,
Right-of-Way issues require (1) cooperation (2) agreement of terms , and (3)a maintenance agreement between the parties, Purchasing a Right-of-Way may or may not include the sale of land. A Right-of-Way with Right To Pass Over is not the same as buying a strip of land from the public road to their property line at a width that conforms to Codes.
My dad thought he was buying a strip of land 700 feet long by 50 feet wide. His neighbor was selling a right to pass over. The misunderstanding wound up before a judge. My dad paid property purchase price for a right to pass over. That is an expensive road. After my dad's passing, my son and wife purchased that property. Another neighbor had learned of dad's mistake, and bought the land. He and dad had a gentleman's agreement about road maintenance. I encouraged my son and the other neighbors to hire an attorney to reduce tht agreement to writing. That agreement makes good neighbors. Learn from Dad's mistake. The cost of an attorney to draft an agreement is substanially less than the cost of litigation.
[An aside: In my youth, I witness my Dad granting a neighbor a right to pass over with a simple condition: Closed gated were to remain closed other than the immediate pass thru time; and care was to be taken to not damage Dad's property. Hand shake agreement. A couple of years later the man's sons began leaving our barn gate open, allowing expensive Holstien milk cows to wander out into the road. When asked to close the gate, the guy's sons ignored the request. My brother used a log chain and pad lock to stop their use. Their dad came over making threats and wanting to fight my Dad. Dad worked it out without violence. I believe that is why he was so trusting of the land owner first mentioned. Ronald Reagan said, "Trust, but verify." and that remains good advice.]
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