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  #1  
Old 10-16-2003, 08:26 PM
misstyla
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Right of Way laws


What is the name of your state? Virginia
I live at the very end of a private road where all homeowners own to the middle of the road in front of their property. My next door neighbor says he can come to the end of the road anytime he wants, I say his right of way stops at his property. Who is right?
  #2  
Old 10-16-2003, 09:09 PM
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Location: Somnambulist University
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Your confusing right of way with right of ownership.

Who OWNS and maintains the road?? If it is owned by all the person that face it, then he can drive up and down the road all day long. It simply doesn't make sense that each person only owns the half of the road immediately in front of their property. No one would be able to drive down it.... including YOU to get to your property at the end of the road!!
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There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #3  
Old 10-17-2003, 09:13 AM
misstyla
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Right of Way


Each property owner owns to the middle of the road in front of their property . . . with the road providing access to each property. It was my understanding that you had right of way over the road to the point where you could access your property, and no further. If I live at the end of the road, I thought the only other person who could come that far was the person on the opposite side of the road. The people on the road maintain it. (Gravel only). But there is no Association. So if an owner doesn't want to contribute, they don't have to. The gravel never seemed to get to my end of the road, so I quit giving money and maintain the portion in front of my property myself.
  #4  
Old 10-17-2003, 11:08 AM
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Join Date: Jun 2000
Location: Somnambulist University
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"It was my understanding that you had right of way over the road to the point where you could access your property, and no further"
*** Simply, your understanding is not correct. If it is a private road, it is owned by someone or something. Your post says that "The people on the road maintain it." With all due respect that very likely is NOT correct.

Can you imagine the havoc that could occur if that was correct?? One owner could decide that he wants to pave HIS portion in concrete. Another asphalt. Another caliche. Another may want to leave his 'natural' and let the wild grasses grow. Another may decide to just let the ruts be. That would be great for the local 'four-wheel drive' dealership!

In any event, the owners on the road have FULL access to the road..... for its full distance.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #5  
Old 10-18-2003, 12:10 PM
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Location: Catatonic State
Posts: 75,781
He's right.
  #6  
Old 10-18-2003, 06:57 PM
misstyla
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Posts: n/a

Right of Way


Well, the fact that both of you who replied feel he can go anywhere he wants leads me to believe he can. I probably will ask a local attorney. I've got to ask him about the 13 junk cars this guy has sitting in his front yard that don't run too. Might as well ask him about the right of way issue.

In response to your comment that it's "not likely that the people on the road maintain it ". . . there I know you're wrong. We are not a state maintained road. Nobody scrapes snow or drops gravel on it to give grip on the ice etc., and they don't provide gravel for maintenance. One of the neighbors comes around once or twice every year and asks us if we would like to give 50 bucks toward gravel. If we don't want to give money, they don't make us. Another neighbor who drives a dump truck for a living hauls the gravel and dumps it on their end of the road. And yes, there are plenty of ruts left for neighbors and unsuspecting visitors to bump over. They got so bad at the end of the next door neighbors driveway that we bought gravel and filled them in because we were afraid we would damage our vehicles. He was going to just leave them as it was. He said it was in front of his house and he didn't have to fix them if he didn't want to. By the way, this is the same neighbor who says he can drive anywhere he wants.
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