PRIVATE ROAD

[xtradiva]

I live on a private road along with 6 other homes.Our property lines go the center line of the road thus we have ingress and egress rights.My question, the adjoining property owner paved a portion of my road frontage without my premission.There ia s recorded easement and maintence agreement,which states that any improvemenet has to be aproved by all owners.He paved without my premission. I filed a police report however did not have enough time to have a lawyer file an injuction, the judge told me that was the only way to stop him. I have a warrant hearing set.Can we make him remove the pavement from my property? If it can't be removed can I place spped breakers and paint it any color I chose, since it is my property? Or make him purchase the property? This is the same neighbor that has been a problem with dogs, and th county building, and the Epa during my rebuilding.

[Edited by xtradiva on 11-19-2000 at 09:06 PM]

 

[HomeGuru]

I am not reading your post in all caps. Your post on the Criminal Law BB is not in all caps? What's up with that?

 

[xtradiva]

Private Road

Just hit the caps key and didn't take it off. Regardless have any advice?

 

[HomeGuru]

How can I give you any advice when I have not even read your post? And will not unless you post correctly.

 

[xtradiva]

fixed post

Ok HomeGuru I fixed the post, now how about help please.

 

[Jack Mevorach, Esq.]

In New York State, the paving could have been stopped if a Court granted a temporary restraining order (TRO).

If someone has altered your property without your permission, you have several forms of relief available. First question is, since the property is already paved, what would you ideally like to see happen?

 

[xtradiva]

private road

Mr. Mevorach, thanks for your reply, I would like to some how make these neighbors understand that I only want to go to work, come home and enjoy my property without and hassle from them! Apparenetly the only way they will unserstand this is to hit their pockets. So to answer your question, I would like to see this treaspass cost them. They have not truly improved the road, when I bring equipment in to work on the back of my property this will damage the pavement and I'm sure the neighbor will expect me to repair the damage thus re paving costing me money I did not spend to begin with. The hard packed gravel road was much more practical.Or I want hime to pay me for the loss of my property. I have a very long history of problems with this neighbor, he made the statement to several people that our troubles were not the dogs, this was all over getting the road paved, shich he has now done, by force! OR i feel he shoul pave the whole road not just his section. Any suggestions?
PS. OR I would like to see him have to take the pavemenet up and restore the road to the original state.

 

[Jack Mevorach, Esq.]

By the sound of it, your strategy is either to attempt to negotiate with this neighbor, explaining that you don't want to have to initiate a lawsuit, or, if that fails, or if you want to begin with a suit, start the suit, and then negotiate.

There are people in this world who are not reasonable and do not obey the laws. For them especially, we have laws, judges, attorneys, sheriffs, and police officers.

 

[HomeGuru]

And for the really unreasonable, we have Federal agents and hitmen.

 

[Jack Mevorach, Esq.]

You mean "G-men"?

 

[xtradiva]

private road

I have spoke with several lawyers here and none of them want to take the case, they all keep referrng me to another friend. Especially after I explain the history. So I am going to the warrant hearing alone.

 

[Jack Mevorach, Esq.]

No attorney will take the case on a time basis, wherein the attorney is paid an hourly fee? Or, no attorney will take case on contingency basis?

In either event, if you want counsel and can't retain someone in time, go to hearing and say you need additional time to secure counsel.