R.O.W. Problem

[workinonit]

Does he use the road to access his land? Go around him, block him off temporarily and give him something to think about. You can't block him for long if it's his only egress but you can sure make him sweat for a bit.

 

[arto98607]

Does he use the road to access his land? Go around him, block him off temporarily and give him something to think about. You can't block him for long if it's his only egress but you can sure make him sweat for a bit.

That would be a big time escalation!

 

[workinonit]

That's how I roll. Certainly nothing wrong with bypassing his property with the road and if he has access to his land another way you are certainly in your rights to block him if you are doing so on your property. Sometimes escalation is all some folks understand.

 

[RustyA]

If this fencing was in a township or county road right of way the county or township would remove the fencing and bill the landowner for removal expense. You do still retain ownership of the right of way but your use of it is restricted.

 

[riptides]

Sorry for the troubles.

ROW's are classified as public property. The landowner has no right to block access.

Are their ingress/egress easements defined in the HOA covenants somewhere?

I'd tear the fence down and continue to do so until the issue is resolved.

Paying dues is another matter entirely.

 

[bdhsfz6]

Move the road and bypass his property.

A definite possibility but would involve other, possibly uncooperative, land owners. It would also cost money we don't have.

 

[bdhsfz6]

If this fencing was in a township or county road right of way the county or township would remove the fencing and bill the landowner for removal expense. You do still retain ownership of the right of way but your use of it is restricted.

Very true but the township & county have far more clout than our meager association.

 

[riptides]

Also,

Are there any fines associated with non-compliance of HOA rules, covenants and/or by-laws?

That could be an avenue to approach as far as placing liens go to start resolution of the issue.

 

[bdhsfz6]

Sorry for the troubles.

ROW's are classified as public property. The landowner has no right to block access.

Are their ingress/egress easements defined in the HOA covenants somewhere?

I'd tear the fence down and continue to do so until the issue is resolved.

Paying dues is another matter entirely.

Exactly, but just how much of the ROW needs to be blocked before we can make legal action stick? Is a one lane road enough? It depends on who you talk to. If it were blocked completely, I'm sure we could seek legal recourse.

We have no covenants. Our association is a few neighbors shaking hands and a checking account. It isn't even mentioned in the deeds.

 

[bdhsfz6]

Also,

Are there any fines associated with non-compliance of HOA rules, covenants and/or by-laws?

That could be an avenue to approach as far as placing liens go to start resolution of the issue.

See the post above.