Neighbor Woes: What Rights Do I Have To Maintain A Private Road...

[donner]

It's against code to do anything that would divert rainwater to another property causing damages. Might be able to get him that way.

https://www.nolo.com/legal-encyclopedia/neighbor-disputes-over-water-damage-29724.html

this is what i was thinking. And the city might also have some thoughts on diverting drainage if it starts to adversely affect its properties (i.e. dragging gravel or channeling, etc)

 

[TerryMiller]

It has been some years ago, but we owned 5 acres in the Blanchard area that was at the end of a "private" road. Supposedly, the previous owner knew the county commissioner and managed to get the "private" road accepted by the county as a county road. All of this with the permission of the others living on the road.

That might be a question to ask your county commissioner(s).

 

[Fyrtwuck]

I have to agree that an attorney and a civil suit may be the way to go. If you’re lucky and he has half a brain, he’ll get served the first papers and decide it would be cheaper to pay up rather than fight the suit. If you do decide to file suit, ask the attorney if he could add his fees to the suit as well.

 

[Yeti695]

What I'm seeing there is 4 parcels of land and an agreed right of way/easement between the parcels or to access the parcels? Is this correct? If this is correct, which parcel are you on? These are difficult situations and personally before you get a lawyer I would contact an Registered Land Surveyor and have them plat your parcel and the easement/right of way into your property. Having this will help you see what is actually going on, and will also help if you need to go to court. The RLS will be able to help you understand more of what going on. This would be the first thing I do before going to a lawyer. If I get time in the next few days, I'll run up the property and easement/right, send you a pdf.

What is an Easement?
An easement is an agreed-upon use of land by a party other than the landowner. This agreement allows access to land for things like natural resources, development of necessary utility pipelines, or construction and maintenance. Easements can be beneficial depending on their purpose.

What is Right-of-Way?
A right-of-way allows another individual to travel through your property. This benefits another person or another parcel of land you do not own. This grants access to anyone who may need to travel through your land. This is broader than a gross easement in the sense it does not apply to one specific person. The right-of-way is the right for anyone to pass through a portion of your land that may be considered public.

 

[NightShade]

What I'm seeing there is 4 parcels of land and an agreed right of way/easement between the parcels or to access the parcels? Is this correct? If this is correct, which parcel are you on?

Google Brown Crow Road and you can see a lot of what is involved. You can also see where the road is complete crap in one area to the east and trash has been dumped on the road. I would figure that from the marker to the west is the area in question.

https://www.google.com/maps/place/B...cf597c52378530!8m2!3d35.3990838!4d-97.3093124

 

[donner]

Google Brown Crow Road and you can see a lot of what is involved. You can also see where the road is complete crap in one area to the east and trash has been dumped on the road. I would figure that from the marker to the west is the area in question.

https://www.google.com/maps/place/B...cf597c52378530!8m2!3d35.3990838!4d-97.3093124

it's interesting that the road is double marked as interstate 240 service road. that makes me wonder if there isn't another entitle with a ROW (like OKDOT)

 

[Yeti695]

Google Brown Crow Road and you can see a lot of what is involved. You can also see where the road is complete crap in one area to the east and trash has been dumped on the road. I would figure that from the marker to the west is the area in question.

https://www.google.com/maps/place/B...cf597c52378530!8m2!3d35.3990838!4d-97.3093124

Its looks like there is alot of damage. Thats not good.

 

[SlugSlinger]

This looks like the area of concern from the OP description.

Hopefully not this:

 

[dennishoddy]

Do you have a pic of where your neighbor's driveway intersects the common driveway when its dry?

I can take one.

 

[Yeti695]

I just got of the phone with an RLS that I do business with, basically he said if you cant find the original owners and have them tell you what they meant, then you will need to talk to an lawyer and have them give there opionin, but he said the only sure way is to have it adjudicated. He said that since the deed/legal says easement or right-of-way thats a catch 22. An easement would mean the land owners owns it and really can do what he wants, an right of way owned by the person. Like ODOT buys land for a ROW of a highway. I would contact an lawyer. Sorry.