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right of way - on a private road

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bp2040

Junior Member
I have a vacation property in Maryland. All of the lots were created when the landowner sold off the property. Each property has a private road in front, and a lagoon in back.

The issue is the deep ruts that are left in my front yard when drivers (of trucks and cars) choose to drive into my yard when encountering an opposing vehicle, instead of pulling into my, or a neighbor’s driveway. (A driveway is required by County regulation.) This is especially troublesome when the yard is extremely wet, which is, unfortunately, not uncommon.

To attempt to prevent the ruts from being left in my yard, I have taken to placing a number of cinder blocks in my front yard, all along the road. The (non-paved) road surface has been paid for and installed by the homeowners, who live on the road, over the years. I have noticed, since sometime late last year, that each time I travel to my vacation property, the blocks are thrown further into my yard, away from the road. I always replace them when I arrive. I assume the blocks are being moved by a homeowner from further down the road who, last year, was very adamant and foul-mouthed about my not keeping the blocks in my front yard, because ‘there’s a 30’ right of way’, and he didn’t think he should have to put up with that because he claimed I was blocking the road.

If the County Permitting Office has indicated that the plat does NOT refer to a “right of way”, but simply that 30’ is the area that can be used for the road, and that “it can be maintained to whatever degree the users, and maintainers want it maintained”, does it seem reasonable for me to continue to leave the blocks in place next to the road surface as a deterrent? Given his diatribe from last year, discussing the issue with him is out of the question. Alternatively, do you have other suggestions to deter or prevent future inconsiderate drivers? Would new plantings of some sort next to the road surface be a possible solution? Or possibly a fence, though I don’t care at all for the thought of a fence (let alone in my front yard), and to have something else to cut around.

Thanks for your thoughts and suggestions.
 
Last edited:


justalayman

Senior Member
If the County Permitting Office has indicated that the plat does NOT refer to a “right of way”, but simply that 30’ is the area that can be used for the road,
that does mean there is a 30' ROW, easement, roadway, whatever you want to call it.


does it seem reasonable for me to continue to leave the blocks in place next to the road surface as a deterrent?
that depends. If it is within the 30' whatever, it puts a lot of liability on you. Should a car be damaged or a person injured due to the blocks, you might find yourself on the bad side of a lawsuit.

Alternatively, do you have other suggestions to deter or prevent future inconsiderate drivers?
You need to have a surveyor determine exactly where this roadway, whatever is located. Only then would I consider placing anything. After being sure it is outside of the roadway, put whatever you like. I tend to like large boulders that aren't easily moved by hand.
 

154NH773

Senior Member
Alternatively, do you have other suggestions to deter or prevent future inconsiderate drivers? Would new plantings of some sort next to the road surface be a possible solution? Or possibly a fence,
As justalayman said, you need to determine where the bounds of the ROW are. You may not place anything within those bounds, and if people drive on areas that are within those bounds, they are in the right and you are being inconsiderate by trying to block them.
That is probably not what you want to hear, but I'm fairly certain that is what a court would tell you.
 

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