Speed Limit sign on ROW

[Indiana Filer]

What is the name of your state? Indiana

I live in what could be called a "subdivision" in a rural area. There are 20 lots, each approximately 5 acres in size. There are only 7 lots sold thus far, with 6 owners. At the current rate (due to the fact that the seller doubled and tripled the price on the lots--after 5 of us bought), the rest of the lots may not sell for a long, long time. The guy we bought from has now sold the land to someone else that none of us have ever met.

Our lot faces the main county road, and there is a gravel lane on a ROW going down the western edge of the lot. At the end of our property, the ROW extends onto the land of several other lots. We own the land where 1/7 of the ROW lies.

According to the covenants and restrictions, after all the lots are sold, each owner will pay a certain percentage of the upkeep on the road that their property uses for access. All owners must agree to any upgrades in the road, so it's doubtful that this road will ever be paved or deeded to the county. until the lots are all sold, however, the seller is responsible for all upkeep cost. "He" has gravel delivered each year for the road.

The neighbor in the way back lot drives extremely fast on this gravel road throwing gravel and dust. I'd like to put a speed limit sign with a 20 or 25 MPH limit on it on the portion of the lane that lies on our property.

Since the restrictions don't address speed or any other issues other than upkeep, do y'all think I can get away with putting up the sign?

I know I can't ticket the speeders, but I think he might slow down if there's a sign. He and his wife seem nice, but I want him and his ex-wife (who drops off kids) to slow down.

Thanks all!

 

[Rhubarb297]

What is the name of your state? Indiana

I live in what could be called a "subdivision" in a rural area. There are 20 lots, each approximately 5 acres in size. There are only 7 lots sold thus far, with 6 owners. At the current rate (due to the fact that the seller doubled and tripled the price on the lots--after 5 of us bought), the rest of the lots may not sell for a long, long time. The guy we bought from has now sold the land to someone else that none of us have ever met.

Our lot faces the main county road, and there is a gravel lane on a ROW going down the western edge of the lot. At the end of our property, the ROW extends onto the land of several other lots. We own the land where 1/7 of the ROW lies.

According to the covenants and restrictions, after all the lots are sold, each owner will pay a certain percentage of the upkeep on the road that their property uses for access. All owners must agree to any upgrades in the road, so it's doubtful that this road will ever be paved or deeded to the county. until the lots are all sold, however, the seller is responsible for all upkeep cost. "He" has gravel delivered each year for the road.

The neighbor in the way back lot drives extremely fast on this gravel road throwing gravel and dust. I'd like to put a speed limit sign with a 20 or 25 MPH limit on it on the portion of the lane that lies on our property.

Since the restrictions don't address speed or any other issues other than upkeep, do y'all think I can get away with putting up the sign?

I know I can't ticket the speeders, but I think he might slow down if there's a sign. He and his wife seem nice, but I want him and his ex-wife (who drops off kids) to slow down.

Thanks all!

I would imagine the road is an easement over your property and therefore you don't necessarily have the right to post a speed limit. Most likely the seller of the lots needs to add a speed limit restriction to the "subdivision" covenants.

Although this is my state, I haven't seen this question come up before. I doubt if most attorneys could answer your question without doing extensive research on this unusual situation. You might want to talk to some of the county officials - like the county surveyor, zoning commission, people, etc. They deal with private road matters probably as much as anyone and they can possibly steer you in the right direction.

 

[JETX]

Since the restrictions don't address speed or any other issues other than upkeep, do y'all think I can get away with putting up the sign?

Of course you can put up any sign you want.... but you have no authority to enforce your 'self-imposed' speed limit.