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naming a road

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brianhydro

Junior Member
What is the name of your state (only U.S. law)? Montana

We have a deeded non exculsive use easement for the road to our 5 acres. It attaches to a State highway and then crosses 2 other property owners(owner A and owner B). We built the road and maintained it for 20yrs. 1 adjoining property owner, who runs a few cows next door, cuts the vegetation along the sides. We are the only residents on the road. Development is now starting around us, so for safety(911) reasons we need to name our road. When we purchased the property, we had a verbal agreement with the seller,Owner B, which he said "you build it, you maintain it and you name it."

Original Owner B is deceased, but a new person(owner C) is purchasing owner B's property and is claiming full ownership of the easement and naming rights.

Owner A which owns the beginning of the road is in agreement with us to name the road.

The County Commission said they need more info to proceed. Where do I go? or How do I win this stalemate?

Thanks in Broadwater County MontanaWhat is the name of your state (only U.S. law)?
 


154NH773

Senior Member
A neighbor with a dispute over another neighbor storing junk on his property, simply put up a protest sign stating "Tobacco Road" as a derogatory statement. That sign came down over 10 years ago, but it is still shown that way on most map programs.
Just put up a sign with the name you want, and tell the county that's what the name is.
 

Zigner

Senior Member, Non-Attorney
A neighbor with a dispute over another neighbor storing junk on his property, simply put up a protest sign stating "Tobacco Road" as a derogatory statement. That sign came down over 10 years ago, but it is still shown that way on most map programs.
Just put up a sign with the name you want, and tell the county that's what the name is.
That is NOT the "legal" way to do it ...terrible advice.

OP - the county needs "more info". Such as...?
 

154NH773

Senior Member
That is NOT the "legal" way to do it ...terrible advice.
And what is the "legal" way. Since you mentioned it, you should cite the legal process.

As this is a private road, the people with rights on the road "usually" have the right to name the road. (Sorry, can't cite any authority on this statement either)
 

Zigner

Senior Member, Non-Attorney
And what is the "legal" way. Since you mentioned it, you should cite the legal process.

As this is a private road, the people with rights on the road "usually" have the right to name the road. (Sorry, can't cite any authority on this statement either)
The OP has been requested to provide more information.
 

154NH773

Senior Member
As Zigner said, you need to find out what the county requires, and what the "legal" process is for naming a private road, but I will stand by my advice to be proactive in naming the road what you want, and putting up a sign. If you leave the decision to the county, who seem to be unsure of themselves, they will probably name it after their grandparents. What will it hurt if they don't allow the name you have chosen? You've only paid for a sign, you haven't done anything illegal.
Since owner "A" agrees with you, and he owns the property at the intersection, you are in good shape to put up a sign, if you put it just off the easement so owner "C" can't legally remove it.

Check the local county offices for Appendix "H" of the Broadwater County Road Standards, which give the process for naming a road. The Standards are on line, but I couldn't find the Appendix "H".

http://www.wwcengineering.com/news/files/Broadwater County Road Standards 10-31-2006.pdf
 
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brianhydro

Junior Member
OP - the county needs "more info". Such as...?
Not sure what they want. The commissioner had ask the County Attorney earlier how to proceed and the CA said "do nothing for now".....Since one owner has protested.

I felt the commissioners were sympathetic to our cause, but couldn't rule in our favor without some legal precedence. Asking for more info was a polite way of saying "help us help you".

Since I doubt this is the first time there has been a road naming dispute, I was hoping some one might know of other cases I could look up.

Shame on us for not putting up a sign years ago, when no one cared. But now we want to do it legally and have filled out all the proper county forms.

One other thing, if the new owner is claiming sole ownership of the easement, we may try to figure a way that she also has sole responsibility for the maintenance.

Thanks for any and all help.
 

drewguy

Member
So you can't all agree on a name?

Over whose property is the section of the easement that connects to the state highway? If it's A, I'd get them to claim naming rights to that stretch, and tell C if they want to name their part something different, go ahead.
 

154NH773

Senior Member
It seems from your latest post that you have filed the proper documents to name the road, but that the county is hesitating because of the claims by Owner"C". If that is the case, you probably have little recourse except to wait for a decision by the county. If they make a decision contrary to some law or procedure, then you can possibly ask a court for relief.

I'm unsure of the statement you made;

One other thing, if the new owner is claiming sole ownership of the easement, we may try to figure a way that she also has sole responsibility for the maintenance.
Is the new owner claiming ownership of the land, or an exclusive right to the easement? You said you had a
a deeded non exculsive use easement for the road to our 5 acres
. If that is actually the case, you should be able to prove that to the new owner, the county, or a court.
 

brianhydro

Junior Member
135 Carroll Dr

the saga continues....

found out from the Sheriff's office that unofficially our road is considered Carroll Drive. I also spoke with the Post Office lady who delivers our mail, she also considers the approach at 7825 Hwy 287, Townsend, Montana to be Carroll Dr.

So unofficially our road is named. We still need to jump through the county hoops to get the official designation.

....time to put up a new mailbox that says 135 Carroll Dr, Townsend, MT.

anyone how to add a road name to google maps?
 

FlyingRon

Senior Member
anyone how to add a road name to google maps?
This I know. Go to it in google maps.

http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=7825+highway+287+townsend,+mt&sll=37.0625,-95.677068&sspn=49.043149,73.037109&ie=UTF8&hq=&hnear=7825+U.S.+287,+Townsend,+Broadwater,+Montana+59644&ll=46.308766,-111.513172&spn=0.005262,0.008916&z=17


Down at the bottom right of the map there's a link that says "Report a problem."
Click on that and follow the instructions.

Now that google has taken over doing this in house, they're pretty responsive.
 

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