Is a private driveway or abandoned trail an "existing roadway"?

[HRZ]

I do not think the terms ingresss and egress necessarily are limited to entry and exit to ones own property ...may vary by state

 

[LdiJ]

I do not think the terms ingresss and egress necessarily are limited to entry and exit to ones own property ...may vary by state

I cannot imagine any state that would try to define ingress and egress as anything different than entry and exit to one's own property. Those words are not "legalese" they are plain English words, with plain English meanings.

 

[Aranya]

Well, I can't say what a relief this is.

It does seem that a "roadway" has to meet some legal definition of a roadway. For example, the county code where I live says, " “Private road” or “private roads,” as either term is used in this chapter, means and shall refer only to those privately owned roads which are shown as private roads on maps filed in the County Recorder’s office." It also gives certain specifications that a private road must follow. Since my driveway doesn't meet any of these definitions, and further doesn't provide ingress or egress to anyone's property, it isn't accurate to call it a roadway.

 

[FarmerJ]

I am curious, are there private roads there with easements where say half of the road is on parcel 001 and half on parcel 002 ? Have you also spoken to other neighbors to see if he has approached them with the same issue ?

 

[Aranya]

There isn't a road that only goes through only two parcels.

There is one main road (private) that people enter and exit on. This road goes through all the parcels except for mine, because I'm at the end of the road. This road goes through the center of some parcels.

The other private road goes across the back of most of the properties (mine included). There is a creek that goes across a lot of the properties and this road is on the side with the creek.

I haven't spoken to other neighbors about the issue, but I have the feeling that others have had problems with him as well. I actually just bought the property last year.

 

[adjusterjack]

I actually just bought the property last year.

He's probably been shot down by the rest of the neighbors and figures you for the newbee that he can walk all over.

 

[HRZ]

My very dated text on real estate also would call into question the ability to create ingress and egress rights over a road did not even exist at the time ...and the language as posted is a bit unclear as to who granted what to whom .....

 

[latigo]

My guess is that "right of way" gives greater access than just for ingress and egress.

It seems that the Bard was right. " . . . at length the truth will out". As here where your first effort it is an adamant, unqualified, categorical no, "your neighbors have no rights to the use of your drive way"!

Then we find the no replaced with a less than informative, "well . . . . . . maybe they do and maybe they don't"?

And lastly (hopefully) and more telling, "my guess is . . . "
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Personally I don't know how the courts would construe such pitifully drawn grant of easement where every property is seeming both servient and dominant. But I'm sure as hell not inclined to confuse the poster with some unsupported jabber just to see it come to life on the board! In other words, ajax - unlike yourself, I don't have anything to prove!

 

[LdiJ]

It seems that the Bard was right. " . . . at length the truth will out". As here where your first effort it is an adamant, unqualified, categorical no, "your neighbors have no rights to the use of your drive way"!

Then we find the no replaced with a less than informative, "well . . . . . . maybe they do and maybe they don't"?

And lastly (hopefully) and more telling, "my guess is . . . "
_________________________

Personally I don't know how the courts would construe such pitifully drawn grant of easement where every property is seeming both servient and dominant. But I'm sure as hell not inclined to confuse the poster with some unsupported jabber just to see it come to life on the board! In other words, ajax - unlike yourself, I don't have anything to prove!

The right of way that is being discussed is a separate issue from the guy's driveway.

However, on the other side of a creek, there is a private road that crosses my property (although it is not on the map). That road is mentioned separately in the legal description of the property. It says, "A right of way over that certain road leading to..."