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Seeking Declaratory Judgment Over Private Road

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cynteetooann

Junior Member
What is the name of your state? Montana

The County is requiring a nearby subdivision developer to use our private road as one of the ingress/egress accesses onto a County Road. Our easement is not on the developer's property, but his property is bordered by our easement.
The County is suddenly claiming that our road is a "public road" even though it was built by landowners and has been maintained privately for more than 30 years. Our road was built on an access easement that is recorded in my deed and my neighbors' deeds (20 neighbors share the road and maintenance responsibilities). We have never petitioned the County to made our road a public or county road. In fact, we have a declaration stating that our road is a private road.
We're seeking a declaratory judgment regarding the private or public status of the road. 2 (out of 22) neighbors are worried about their legal exposure, and want to know if they have to be a party to the action as either a plaintiff or a defendant or if they can choose to be neutral. Please advise.
 


pojo2

Senior Member
Just went through almost the identical thing and the county eventually won in our case.

Good Luck
 

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