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Right of way issue

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zark_101

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? New Jersey

I live in a rural area of NW NJ on a private unimproved road. There are eight residences on this road. All eight owners share in road repair and snow removal. According to my deed and survey, the road is 40 feet in width from one of my corner property marker pins. Directly across the road from my driveway is a lot which I'll call lot 7....Lot 7 on my twp tax map shows ingress and egress from lot 7 as the main county road in front of lot 7's owner's dwelling. Now here is my problem >> Lot 7's owners have continually parked a junked car within 4-6 feet of our private road and use the back end of their property as a dump for yard debris, old Christmas trees, dead branches, etc
etc. I am presented with that view anytime I go out my front door. I haven't
been able to locate lot 7's corner pins but I'm pretty sure his car & trash not
only occupy our road easement but also the utility right of way. Any suggested remedy would be greatly appreciated..
 


Happy Trails

Senior Member
You could check this out.

How did the eight of you come to an agreement in which all would share in the maintenance of this easement? Is it on your title of abstract? If so is there any agreement in which the easement is to remain clear of obstruction? If not, a possible recourse could be checking with your township on any blight ordinances they may have. In our town any cars parked in our yard or on the street that are not currently tagged or insured is a violation and we could be sited. Solution for the land owner with the blight problem is he may have to put up a fence to hide it or get rid of the junk. Then it wouldn't be an eyesore for you.
 

zark_101

Junior Member
There is nothing stipulated in my deed that the private road easement
must be kept free of obstruction, however ,common sense would dictate
that since the defined easement use is that of a roadway for ingress/egress from our residences...that the roadway must be free from obstruction. The
legal description of our private road states that the roadway is 40 ft in width
starting at the point of my front line survey stake. In addition to the 40 foot
roadway easement, there exists a 15 ft utility right of way. The parked junk
car and misc debris are clearly within the 40 ft roadway boundary. I have taken pictures of my problem and will visit the local township hall to check on existing blight statutes and or other remedies. The car has legal plates and the registration is valid through 01/05...Don't know if it is insured. The owner of
the property does not reside on our road but rather I have the misfortune
of a nasty view of the back end of his property . By the way, this clown uses
our road to access the back end of his lot to dump additional debris or on
occasion will back his boat in for a few months....Gives me the nautical view !
In terms of road maint & snow removal....everyone chips in sweat & money.
Been that way for years...Incredible that eight families can get along...
 

zark_101

Junior Member
Right of way resolution

NJ.....Just want to update the forum on the resolution to my right of way issue.
After visiting my local police dept and zoning office, I was made aware of an existing township law stating that "no motor vehicle shall be parked in any public or private area without having current and required registration and insurance.
The parked vehicle I took issue with had current state inspection however the
registration expired in May 2004. One visit from the local police and the car went
bye-bye...Thanks to those who offered advice... :)
 

HomeGuru

Senior Member
zark_101 said:
NJ.....Just want to update the forum on the resolution to my right of way issue.
After visiting my local police dept and zoning office, I was made aware of an existing township law stating that "no motor vehicle shall be parked in any public or private area without having current and required registration and insurance.
The parked vehicle I took issue with had current state inspection however the
registration expired in May 2004. One visit from the local police and the car went
bye-bye...Thanks to those who offered advice... :)

**A: that's a nice story.
 

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