Access to public road from private property

[Curious2134]

What is the name of your state? Missouri

Our property runs along a public dirt/gravel road for around 1/4 mile. Our main access to the house is a short gravel driveway from this road. The 1/4 mile was a road that had easy access for the length connected to our property and I could take the tractor or truck down the public road and turn off into our woods to gather firewood and stuff. A couple weeks ago, the county decided to to dig a 2 foot ditch along our property, except for the driveway, so now I cannot access anything except for driving the tractor through the yard and the wife isn't having that. I can't cross the sharp edged and rather deep new ditch elsewhere, so we're wondering what to do.

Do we have rights to access the road from any location along the road where it meets our property? Do home owners only get one point of access? Negotiable with the county? If I'm allowed to put in another crossing, who would do that and maintain it - me or the county? They would grade and maintain the new ditch so I'm pretty sure they would want input although we didn't have any input on the mini cliff along our property. (They said it was for drainage but having lived here a few years, I have no idea what they are talking about - there is no standing or rushing water on this rocky plateau.)

Anyway, I can't drive though the yard and I can't access the property from any other location at present. All my searches come up with land locked properties wanting to cross other private land.

Thank you for your time.

 

[justalayman]

In your situation you should file for a permit to install a second entry to your land. The cost to install and maintain will be yours since it is yours.

 

[HRZ]

IF this is a farm of sorts there might even be more liberal requirements as to access by farm equipment to ones farm ...might want to check the local issues before just filing for a permit ...you might be able to pipe multiple crossing points at your expense with rather simple large pipe and backfill....and a simple permit and a simple sketch . What you don't want to do is get bogged down in some drainage ditch into some waterway issue ..no you didn't mention same...

 

[xylene]

You should contact a local engineer and lawyer to assist you.

 

[TigerD]

Go talk to the County Commission. Drainage ditches are necessary to limit the expense of maintaining the road and water on the roadway can be bad. But installing a culvert and driveway isn't very expensive. They may do it for you without cost; they may do it for you at cost; or, they may approve your doing at your expense to their standard.

Communication without hostility is the key to managing the situation.

 

[NeilTheCop]

I am having a similar issue where my neighbor decided to simply build a road that exited onto a public highway without bothering with permits.
Seems that in Missouri you also need to apply for a permit to construct a new driveway.
https://www.modot.org/permits

 

[TigerD]

I am having a similar issue where my neighbor decided to simply build a road that exited onto a public highway without bothering with permits.
Seems that in Missouri you also need to apply for a permit to construct a new driveway.
https://www.modot.org/permits

There is a big difference between a "public highway" and MODOT's right of way.
While they can be the same, they are not always. MODOT will not have right of way for County roads, the County will. Given the OP's description of the road, I suggested he start with the County Commission, although starting with the County Roads Supervisor wouldn't be wrong either.

TD

 

[Curious2134]

Go talk to the County Commission. Drainage ditches are necessary to limit the expense of maintaining the road and water on the roadway can be bad. But installing a culvert and driveway isn't very expensive. They may do it for you without cost; they may do it for you at cost; or, they may approve your doing at your expense to their standard.

Communication without hostility is the key to managing the situation.

Very good. And I completely agree about the hostility - we definitely don't want to do that. We were just wanting to know generally what we're talking about before we speak with anyone from the county and I wasn't certain if I could just through a big pipe in there and make one. Didn't seem logical though. Thanks.

 

[justalayman]

I’m going to amend my statement

If you had a regular drive you used, the county may install the culvert.

If you end up installing the culvert and drive, the. Country may have specifications you would have to meet.