private road maintenance

[rkstanley]

What is the name of your state? Georgia

My deed shows me as owner of the private dirt road on the edge of my property. Two property owners below me use the road to get to their property. I dug two small trenches on the road to slow traffic. They have gotten together and are about to put gravel on it. I do not want gravel (or any other maintenance) because it will allow them to drive faster and it's very noisy being 20' from my house. Do they have the right to put gravel on it just because they have a right of way? Thanks!

 

[FarmerJ]

In the easement granted to them to cross over your land will be the answer, IF it only says it is for ingress and egress with no mention of maint then they do not have the right to do any thing other than drive over the property SO you should carefully review the easement wording then take it to a real estate atty to have them look at it , If the atty cannot find any wording that gave them the right to do anything but cross your land on that easement the atty can send them a letter promising them that they will be sued for damaging your property should they make any changes. Sure you could do th letter your self but they might not take it as serious , If you have any contact with them keep it in writting sent via certifed mail.

 

[rkstanley]

Thank you for your reply. A lady at the county courthouse looked up the deed and said she didn't even see anything about an easement. How would I find out if there is indeed, an easement at all? Is there a special place to find out? Thanks again!

 

[Ozark_Sophist]

To find the easement, you need to look at all the deeds of the properties involved. And not just the current deeds. Probably at the point the tract was subdivided was an easement granted to the dominant properties. Just because the current deed does not reflect an easement does not mean there is no easement. Your property deed does not reflect all the easements affecting it (utilities, road, etc). I am confused as how your deed shows you as an owner of a private road yet there is no easement?

By digging trenches on the easement, you are opening yourself up to be sued for interfering with the easement. If you don't give the neighbor's permission to maintain the road, you may force them to sue for a maintenance agreement.