R.O.W. Problem

[dodge man]

I suspect both the law and the facts are on your side. As you are well aware it’s getting it enforced is the problem. You need someone in official position to make this happen. We have a rural fire department in our area. I’d get them, wearing a uniform, and maybe even a fire truck, along with a police officer tell the guy the fence needs to be moved to be moved for emergency vehicle access. It’s pretty apparent the guy is being a pain in the butt on purpose.

 

[bdhsfz6]

It’s pretty apparent the guy is being a pain in the butt on purpose.

It's his nature. He's from the city.

 

[bdhsfz6]

I remember that well. But we only heard one-side of that story.

Unfortunately, you're only hearing one side of the story here as well.

I would love it if this guy would join the thread. He really can't argue with what I've said since it's 100% true. He might offer some information I'm not aware of though. It's always good to hear both sides of any conflict.

 

[crashz]

Sorry for the situation. All of us desktop heros can suggest anything with no repercussion, but you live there. Makes for an uncomfortable feeling EVERY time you leave and come home. But just so I understand, by your description, it sounds as if he installed the fence in the middle of one lane of the existing road. Is that right?

If that the case, is this clearly understood by the courts? If not, I would agree with other posters and get the firechief out there. Maybe a letter from the firechief explaining the danger and lack of proper access will change the mind of the court.

 

[Chewwy]

. . .

It's apparent that putting words in a deed does not constitute a binding contract around here. It's a very rural area and, as you suggest, the wording is poorly done. You really need to live here to understand the legal & political climate. It's a cross between Green Acres, Petticoat Junction & Mayberry.

. . .

Can’t be a cross between Green Acres, Petticoat Junction & Mayberry. They always had happy endings and only took 30 minutes, less the commercials.

 

[MossRoad]

I remember that well. But we only heard one-side of that story.

Yep. That's a fair assessment.

 

[MossRoad]

It's his nature. He's from the city.

But the 13 other houses aren't? They came from somewhere.

City, county, country, urban, etc... there're goobers in all walks of life.

 

[leonz]

Hire an expensive legal eagle and be done with it; the HOA member is
bound by the rules created by your HOA which he agreed to.

 

[2manyrocks]

The ROW is marked on the subdivision map and recorded at the county courthouse. It only has a vague reference in the deeds though.

As in "subject to all matters in the plan of record in book _ page___ of the register's office...."?

If the restrictions on putting up a fence or where the fence can be located are vague, judges don't tend to enforce what isn't plainly written out and of public record when it comes to property restrictions.

I'd recommend that you consult with a good real estate lawyer to advise you what is realistically possible to achieve and what it may cost.